Losing a loved one is always heartbreaking. But when that death is due to a healthcare provider’s negligence, the pain is magnified by anger, disbelief, and a desperate search for answers. If your family is grieving a death that you suspect was caused by medical malpractice, you may have grounds for a wrongful death lawsuit. Our team is here to provide the information and support you need during this difficult time.
What Is Wrongful Death Due to Medical Negligence?
A wrongful death claim alleges that a patient died because a doctor, nurse, hospital, or other healthcare provider failed to properly perform their duty of care. In other words, their negligent actions or inaction caused the death. Some common examples of medical negligence resulting in death include:
- Misdiagnosis or delayed diagnosis of a life-threatening condition
- Surgical or anesthesia errors
- Medication errors, such as prescribing the wrong drug or dosage
- Failure to properly monitor a patient’s condition
- Discharging a patient too soon
- Birth injuries that lead to an infant’s death
It’s important to understand that not every death that occurs in a medical setting is grounds for a wrongful death lawsuit. To have a valid claim, you must be able to show that:
- The healthcare provider owed the patient a duty of care
- They breached that duty by acting negligently
- Their negligence directly caused the patient’s death
- You suffered damages as a result
An experienced wrongful death attorney can review the facts of your case and let you know if you have grounds for legal action.
Proving Medical Negligence Caused a Wrongful Death
Building a strong wrongful death case requires extensive investigation and expert testimony.
Medical records, witness statements, and other evidence must be gathered and analyzed. It’s critical to work with top medical experts who can evaluate whether negligence occurred and directly link that negligence to the patient’s death.
For example, consider a case where a patient dies from a heart attack after being sent home from the ER with a misdiagnosis of indigestion. An expert cardiologist may testify that given the patient’s reported symptoms, the standard of care required admitting them for monitoring and further testing. By failing to do so, the ER doctors breached their duty. The expert may also explain how promptly diagnosing and treating the patient’s condition, more likely than not, would have prevented their death.
Keep in mind medical negligence resulting in death is highly complex. Having skilled, knowledgeable legal representation is essential for proving your claim and getting your family the accountability and compensation you deserve. While no amount of money can undo your loss, a successful lawsuit can provide a sense of justice and much-needed financial security.
What Damages Are Available in Arizona and South Carolina for a Wrongful Death Due To Medical Negligence?
If you bring a successful wrongful death claim, you may be entitled to recover various types of damages depending on the laws in your state. In both Arizona and South Carolina, eligible family members can typically seek compensation for:
- Medical expenses related to the negligence and death
- Funeral and burial costs
- Lost income and benefits the deceased would have earned
- Pain and suffering endured by the deceased before death
- Loss of the deceased’s love, companionship, guidance, etc.
Arizona also allows surviving families to recover from emotional anguish and stress from losing their loved ones in some cases. A local wrongful death lawyer can advise you on the specific damages available based on the details of your case.
Unlike other types of wrongful death cases, claims involving medical negligence may also be subject to caps on damages. In South Carolina, for instance, non-economic damages in medical malpractice cases are capped at $350,000 per provider. Arizona, however, does not impose such caps, giving families greater potential for full recovery of damages.
Legal Time Limits for Medical Negligence Death
It’s critical to be aware that wrongful death lawsuits are governed by a statute of limitations. This is the legal deadline for filing a medical negligence death claim. If you miss it, the court will almost certainly dismiss your case. The statute of limitations varies by state:
- In Arizona, you generally have two years from the date of death to bring a wrongful death lawsuit.
- In South Carolina, the statute of limitations is three years from the date of death in most cases.
However, there are some important exceptions that can shorten or lengthen the filing window. For instance, the clock may be delayed if the cause of death is not immediately apparent. On the other hand, if the defendant is a government entity, you may have to file an administrative claim as early as six months from the date of death. To protect your family’s rights, it’s best to speak with a wrongful death attorney as soon as you suspect medical negligence so they can ensure all deadlines are met.
How Our Care Team Can Help
We know this is likely one of the most difficult times your family has ever faced. You’re wracked with grief while also struggling to understand what went wrong and how you’ll move forward. Our caring team is here to shoulder the legal burden so you can focus on healing.
When you contact our Care Team, we’ll schedule a consultation to learn about your case and inform you of your legal options. If we take on your case, we’ll thoroughly investigate to get you the answers you need. Our dedicated staff will guide you through each step of the legal process with compassion and keep you updated on your case’s progress.
