Medical negligence and malpractice can lead to serious injuries and illnesses. Sometimes the damage done to the victim is so severe that it results in death. This is more common than you may think. Around a quarter of a million people die in the United States every year because of medical errors. This makes medical errors the third leading cause of death in the country. If medical malpractice led to the death of your spouse, parent or child you may be entitled to compensation. You should reach out to a Maryland wrongful death lawyer to find out what you are rightfully due.
Who Can File A Wrongful Death Claim in Maryland
The wrongful death statute in Maryland allows surviving relatives to get compensation for the loss of their loved one. However, they must be able to show that the other party committed a wrongful act. A wrongful act is one for which the deceased would have been able to file a personal injury claim if they survived. In some cases, they may have even started the process of seeking compensation. Now that they have died, their survivors may be able to claim damages via a wrongful death lawsuit.
A loved one’s passing is always difficult. However, not every death that occurs while someone is receiving medical care is considered wrongful. As hard as it is to accept, not all medications or medical procedures work as intended. When you consult an attorney, they will look at the facts of the case. If it appears that another medical professional in the same specialty would have acted more prudently, you may have a case of malpractice.
Only certain family members can file wrongful death claims in Maryland. Some states allow siblings, grandparents or siblings to file but this isn’t the case here. Exceptions may be made in rare situations but generally, only spouses, children and parents can seek wrongful death benefits. You should talk to a Maryland wrongful death attorney if you have questions about your eligibility.
What’s Considered Medical Malpractice
If a doctor or another health care professional fails to deliver an acceptable level of care, they can be held liable for the resulting damages. Medical facilities can also be held responsible. A number of things can go wrong in a hospital, emergency room, operating room or even a pharmacy. Medical malpractice, therefore, involves a wide range of errors and omissions that cause harm to the patient. These include:
- Medication errors
- Prescription errors
- Failure to diagnose
- Birth injuries
- Surgical errors
- Anesthesia errors
Sometimes these errors don’t result in lasting damage but other times, they prove to be fatal. If your loved one was taken from you because of a reckless or negligent medical professional or facility, you can get justice. The first thing you need to do is hire a wrongful death attorney to review your case. No amount of money can bring your loved one back, but it can help to relieve the financial burden caused by a sudden death.
In addition to medical bills and funeral expenses, you may lose out on your loved one’s contribution to the household. This contribution isn’t only financial. It is very difficult to deal with the loss of a loved one. When it was caused by negligence, it can be even harder. However, working with a compassionate, experienced attorney can help to make the process a lot easier.
Wrongful Death vs Survival Action
Under Maryland’s laws, wrongful death claims typically have two parts. These are a survival action and a wrongful death action. The survival claim is brought on behalf of the victim’s estate. The estate is eligible for both economic and non-economic damages. However, these damages are calculated from the victim’s perspective. Economic damages compensate the estate for the individual’s medical bills, lost wages, and funeral costs. Meanwhile, non-economic damages provide compensation for harm suffered before death including pain and suffering.
On the other hand, wrongful death claims are measured in terms of the harm surviving family members suffered. Damages can include lost income, loss of services, loss of companionship, mental anguish, and pain suffering. This compensation is paid to the individuals.
Let Pinder Plotkin LLC Help You with Your Wrongful Death Claim
If you lost a loved one because of medical malpractice, you deserve to get compensation. It will be very difficult to do so on your own. Therefore, it’s best to reach out to a law firm in Maryland that handles wrongful death suits. Our attorneys will do everything we can to help you get through this difficult time in your life. Contact us today to schedule a free consultation.