There is nothing more heartbreaking for a family to experience than the death of a loved one; and probably nothing more shocking than to find out that the death happened because of medical malpractice. A wrongful death claim is filed by the family of a patient that was killed by the negligence of a doctor, nurse, or medical facility. A wrongful death claim helps the dependents or heirs of a decedent by providing them with compensation for the economic and non-economic losses they suffer as the result of the wrongful death.
California law does not allow the heirs of the decedent to be awarded any damages for pain and suffering the decedent suffered before death, unless the decedent was a patient in a nursing home or under the care of a caregiver and lost his or her life due to nursing home abuse, negligence, or neglect. The reason for the exception with the nursing home and caregiver is because the California legislature wanted to provide additional protections for the elderly who are most vulnerable to abuse and due to the alarming number of nursing home abuse cases occurring.
Several factors may determine how much the family members will be awarded for a wrongful death claim including the age of the decedent and the decedent’s income. Certain states such as California place a monetary cap on non-economic damages at a maximum of $250,000; however, there is no limit on economic damages; so if the decedent was young and had a large income, the award for the victim’s family could potentially be much larger. It’s important for a family considering filing a wrongful death claim to first speak with an experienced wrongful death lawyer. There are many areas in a wrongful death claim that may affect the size and outcome of a settlement and a knowledgeable wrongful death attorney will understand how to make sure the grieving family is awarded the maximum settlement possible. For example, California recognizes economic value for non-monetary services the decedent may have provided the family such as child care or housekeeping.
Wrongful death cases can become complicated when it involves the elderly or patients with complex underlying medical conditions. Often in these types of situations, there is no autopsy conducted and the cause of death is left to the opinion of the treating physician. Even if an autopsy is conducted, it may not provide enough evidence that the negligence was the cause of death.
The plaintiffs in a wrongful death case:
- The plaintiffs of a wrongful death case are the heirs to the decedent
- When the wrongful death case involves a child, then the parents are the heirs
- If the decedent was married, then the heirs are the spouse and any children
- If the wrongful death victim was not married, then the heirs would be the children
- If the decedent did not have any children, then the heirs would be the parents. If the parents are no longer alive, then the heirs would be the victim’s siblings
The death of a family member is one of the most difficult situations a family can experience. When a wrongful death occurs from medical malpractice, the grieving family has the right to know who or what was responsible for the death and is entitled to proper compensation for their loss. This includes both the economic and non-economic losses they incur.
Dr. Bruce Fagel is a top wrongful death lawyer and a licensed medical doctor. Dr. Fagel understands how to analyze the autopsy report and medical records, and how to ask the important questions from the medical staff in order to get the family members the answers they need. Choosing the best wrongful death attorney possible can help a grieving family get the compensation they deserve. For more information about wrongful death from medical malpractice, call the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376. You can also visit wrongful death video for more information.
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