has a wrongful death case ever been won where the person got a settlement for medical malpractice and died?
I am trying to find out if anyone knows of a successful wrongful death suit where the victim has received a settlement from one of the doctors involved for medical malpractice. However, the hospital and others involved were not sued.
I would like to know because in 2000 my father was a victim of medical malpractice and I have documented evidence that the cause of his death is directly attributable to the initial medical malpractice. I have spoken to a few attorney but they have all been less than helpful perhaps they view this case as one that will require some major effort so they are balking. In any event I am hoping that maybe someone out there may have some input regarding a particular direction that I can move in.
Thanks in advance.
Few things factor in here- If the decedent is the subject of the loss, the estate is awarded the settlement, so if you’re searching for cases you can’t look under the deceased person’s name, it would never be listed that way.
When did your father pass? There is a statute of limitations for filing in every state in the union. If your dad died in 2000, it’s too late to pursue a claim anyway.
If a doctor is performing his services through any organization, a good attorney will always, always sue both the individual and the corporation, both are equally culpable in the loss. It also widens the amount of insurance $$ available. I’ve yet to see any suits in my career where the doctor was the only one named in the suit, the others may get let out of it later by the court, but you name everybody and their brother at the beginning, because you can’t add them in later.
What are your damages? If your father was elderly, and had no potential income loss, your claim amount would be minimal at best. I had one case where the deceased was 66 and they won but were awarded just their medical bills, as he had no contribution $$ wise to make to the household, he was retired.
Last but not least, medical malpractice is notoriously hard to prove, you have to have other medical doctors testify that what he did was in error, and since they weren’t there, and half the time it’s a judgment call, the court will not rule against the practitioner. That’s probably why the attorneys are turning it down, they know the odds. It’s not a question of major effort, it’s a losing battle.
January 26th, 2010 at 6:16 pm
the victim received a settlement? the victim in a wrongful death case would be dead, right? or wrong? Contact one of those attorneys that you see advertised on the tv, according to commercials they always win their cases for their clients. Not sure how convincing the documented evidence that shows death attributable to initial medical malpractive is but if you showed it to atttorney and they didn’t jump on the case then it must not be convincing enough. Maybe you are too closely involved with the "victim" being your father and not being objectively able to see the entire picture. Have someone you trust who is knowledgeable in the law look at the evidence you have and ask them pointedly if they think you are too emotional involved being it your father and if you have a case or not. If you believe you have a case, keep looking for an experienced attorney until you find one. Good luck and from what i understand, those type court cases can go on for years and years and years.
And, i am sorry for the loss of your father.
References :
January 26th, 2010 at 6:38 pm
If you talked to attorneys and they were polite or declined your case, they were signaling to you that your case is weak, or that at best only a small settlement will be the outcome.
That you spoke to several such attorneys and got a consistent answer is something you should take very seriously. It is their job to consider the outcome given the available evidence and the standards of the courts for applying it, while your personal point of view is shadowed by both the grief of your loss and your lack of experience in the legal system.
While your grief is understandable (although waiting 8 years to file suit may be an issue in itself), it may be time to move on. may I suggest the direction of finding a good grief counselor you can work with? that will help you get your life back on track, while acknowledging that nothing can bring your father back.
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January 26th, 2010 at 7:17 pm
Few things factor in here- If the decedent is the subject of the loss, the estate is awarded the settlement, so if you’re searching for cases you can’t look under the deceased person’s name, it would never be listed that way.
When did your father pass? There is a statute of limitations for filing in every state in the union. If your dad died in 2000, it’s too late to pursue a claim anyway.
If a doctor is performing his services through any organization, a good attorney will always, always sue both the individual and the corporation, both are equally culpable in the loss. It also widens the amount of insurance $$ available. I’ve yet to see any suits in my career where the doctor was the only one named in the suit, the others may get let out of it later by the court, but you name everybody and their brother at the beginning, because you can’t add them in later.
What are your damages? If your father was elderly, and had no potential income loss, your claim amount would be minimal at best. I had one case where the deceased was 66 and they won but were awarded just their medical bills, as he had no contribution $$ wise to make to the household, he was retired.
Last but not least, medical malpractice is notoriously hard to prove, you have to have other medical doctors testify that what he did was in error, and since they weren’t there, and half the time it’s a judgment call, the court will not rule against the practitioner. That’s probably why the attorneys are turning it down, they know the odds. It’s not a question of major effort, it’s a losing battle.
Do these all the time, but not very many medical malpractice because of what I’ve answered you with here.
References :
I’m a wrongful death civil suit investigator….