When a loved one passes away due to medical malpractice, you deserve time to mourn appropriately. Even so, it is important to understand the steps involved in filing a timely wrongful death claim.
By following the proper procedures, you can seek justice for your loved one and hold those responsible accountable for their actions.
Gather evidence
Begin by gathering all relevant medical records, including doctor’s notes, test results and treatment plans. These documents can provide undeniable evidence to support your claim.
Notify relevant parties
Inform the medical facility or healthcare provider of your intention to file a wrongful death claim. This may prompt them to initiate an internal investigation and potentially offer a settlement.
File a claim
Prepare and submit the necessary paperwork to initiate the legal process. This typically involves filing a complaint for medical malpractice with the appropriate court and serving the defendant with a copy of the complaint.
Participate in discovery
During the discovery phase, both parties exchange information and evidence relevant to the case. Be prepared to provide additional documentation and answer questions about the circumstances surrounding your loved one’s death.
Consider settlement offers
Throughout the legal process, the defendant may offer a settlement to resolve the claim out of court. Carefully consider any offers and be sure to evaluate whether they adequately compensate your family for your losses.
Proceed to trial
If it seems that a fair settlement will not be possible, the case may proceed to trial. During the trial, both sides present their arguments and evidence before a judge or jury, who will ultimately determine the outcome of the case.
Records show that medical errors account for approximately 251,000 fatalities each year. If you lose a loved one to medical malpractice, the emotional impact on your family is undoubtedly devastating. However, you can achieve some semblance of justice by pursuing a wrongful death claim accurately and efficiently.
