What is Wrongful Death? » Medical Malpractice and Wrongful Death
What’s a wrongful death claim worth?
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If your loved one died as the result of another person's negligence consult with an attorney to see if you have a claim.
A wrongful death attorney can help you determine if you should file a wrongful death lawsuit and the value of your loved one’s wrongful death case.
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Medical Malpractice and Wrongful Death
What you are entitled to if your loved one died from a medical mistake in PA
The relationship between you and your doctor is built on trust. Doctors, hospitals, and all health care professionals have a legal and ethical duty to treat your injuries or illnesses properly.
If things go wrong, seriously wrong, and a family member dies due to the negligence or failure to act by someone in the health care profession, you may have the basis to file a claim for medical malpractice.
Promptly hiring a qualified, experienced medical malpractice attorney should be a priority for you. The sooner an attorney investigates your claim, the better. Medical records can get lost, changed or filtered over time. It's best if you can get your medical records before the Risk Manager for your hospital or Doctor. You have deadlines you must meet in Pennsylvania medical malpractice cases so proceeding with this as soon as you can is in your best interest.
What is Medical Malpractice?
In a nutshell, medical malpractice is when a hospital, clinic, or other medical professional fails to provide proper treatment to their patients, and the patient is injured or dies.
The statistics on medical malpractice are staggering. Every year in the United States, over 100,000 patients are either seriously injured or die as a result of infections they got while in the hospital, improperly performed or unnecessary surgeries, and other errors in their medical treatment.
Common Medical Errors That Lead to Death
There are many ways medical errors can lead to a patient dying. Some of the most common are:
- Failure to properly diagnose cancer or another serious medical condition
- Surgical mistakes
- Failure to treat cancer or other serious condition in a timely and proper manner
- Improper administration of anesthesia
- X-rays being misread
- A patient was prescribed the wrong medication, the wrong dosage of a medication, or a medication that had serious interactions with other prescriptions the patient was taking.
- Failure to admit and treat seriously ill patient who was seen in emergency room.
- Mistakes in delivering a baby which cause brain damage or physical injury to baby
A proper investigation will benefit you regardless of what your lawyer learns.
- If your lawyer determines that your loved one died because of the negligence of another, then you lawyer should vigorously pursue a substantial financial recovery for your family.
- If it turns out that after your lawyer thoroughly investigates your claim, if they determine that your loved one was not the victim of a medical mistake, if you agree with their explanation, then at least you have peace of mind knowing that your loved one's life was not needlessly taken away because of the carelessness of a Doctor or hospital that they entrusted with their care.
- If you do not agree with your lawyer’s reasoning and conclusions, find another attorney experienced in handling medical malpractice fatality claims and get a second opinion. Do not waste time contacting a second attorney as every state has a time limit to file a medical malpractice claim.
- Your lawyer should advance the costs of investigating the facts around your loved one's medical care. This investigation should include the cost of gathering your loved one's medical records and payment for consulting with renowned medical experts about whether they believe an error led to the death of your loved one.
- Complete the short form on the right side of this page if you would like SurvivingWrongfulDeath.com to promptly connect you with the Law firm of Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, well respected across Pennsylvania for it’s experience and results in handling medical malpractice cases across Pennsylvania, New Jersey and West Virginia.
How to Protect You and Your Family
While it's impossible to totally keep you and your family from becoming victims of medical malpractice, there are several steps you can take to reduce the risk.
Do Research. Unless it's an emergency, before you visit any doctor, hospital, or clinic, conduct some basic research. Such as the Pennsylvania Hospital Performace Report, to check to see if the doctor or hospital has been involved in any serious medical malpractice cases. You can do this by contacting your state's Department of Licensing, or the department in your state that handles medical licenses, or the local branch of your American Medical Association, (AMA). Even if the AMA does not have the data, they can direct you to the proper place to get it.
Don't just pick a doctor out of a telephone book because his office is close to where you live. Ask your family, friends, and/or co-workers who their doctors are.
Keep Good Records. Set up a file each year for every member of your family. File all prescription records, anything you receive in the form of paperwork or pamphlets from your doctor, etc. This way you will have accurate documentation in the event of an accident.
Obtain Your Records. If you or a family member requires a hospital stay, once they are released from the hospital, obtain a copy of the patient file. This can be done by visiting or writing to the Records Department of the hospital. They will charge you for copying these records, but in the event of an accident or the death of your loved one, these records may prove invaluable.
You may also want to periodically request a copy of your medical records from your personal doctors every two years or more frequently if you see your doctor often.
Conclusion
If you suspect your family member died due to what you feel was a medical error, promptly seek out the advice of a qualified medical malpractice attorney as soon as possible.
Complete the short form on the right side of this page if you would like SurvivingWrongfulDeath.com to promptly connect you with the Law firm of Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, well respected across Pennsylvania for it’s experience and results in handling medical malpractice cases across Pennsylvania, New Jersey, and West Virginia.
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