It is estimated that almost 100,000 Americans die every year in hospitals as a result of preventable medical errors. An unexpected death can be an incredibly stressful situation for the entire family. Some may feel that even when medical malpractice may have played a role in the death, a lawsuit isn't worth it. This is based on the reasoning that since it can't rectify the error and bring the loved one back, there is no point to pursue. Other family members may feel compelled to at least explore the possibility of seeking a legal remedy if a loved one's death may have been preventable. We advise those who have been affected by wrongful death due to medical malpractice to come forth, and at the very least, speak with an experienced Tampa attorney who can help. At Catania & Catania, we understand how hard it is after someone you love has passed. Allow us to help you discover how and why it happened so that we can assist in closure, and possible monetary compensation to cover all costs involved.
There are two different lawsuits that can take place when a medical error causes the death of a patient. One is known as a wrongful death action lawsuit, and the other is called a survivor action. Both causes of action are types of medical malpractice cases that our wrongful death law firm can handle for you. In many cases, a deceased patient’s family files both claims involving the same case. After looking through your wrongful death claims, our experienced lawyers will advise which options are available to the family if they wish to pursue legal action.
When a family files a wrongful death claim involving medical malpractice they are stating that the patient has died as a direct result of medical error. It should not have happened, and could have been preventable. Every family member involved has now suffered the loss of their close family member, and there should now be compensation awarded to cover all damages and loss associated with the wrongful death. A wrongful death claim is based on the fact that family members are suing for damages that were caused to them by losing their loved one. These damages can include emotional distress, loss of love and support, and financial losses.
The other claim commonly filed alongside the wrongful death one is called a survivor claim. This lawsuit is based on the claims that the patient died due to medical error. The medical error that happened caused extreme pain and suffering to the patient before they died. If the patient hadn’t died, they would have sued for compensation. The parties responsible should not be able to avoid liability simply because the patient has died. Essentially what is happening with this type of claim is that the person who died still has the right to sue for their death. It is now left in the hands of the deceased one’s estate to handle for them.
A wrongful death settlement may not help the pain being suffered by family members. This does not mean you should abandon legal action. Our wrongful death attorneys at Catania & Catania will handle your entire medical malpractice case for you. From investigating the cause of death, to pursuing compensation on the family’s behalf, we’ll help you move on and recover from your losses. To speak with our wrongful death law firm in Tampa today call 1-800-253-5523. We’re here to help you regarding your wrongful death case.