Damages Available In Wrongful Death From Medical Malpractice

During a serious illness or after an injury, we place ourselves into the hands of doctors and other medical professionals with the expectation that they will treat us with diligent attention and care, prioritizing our health, well-being, and very lives as required by the Hippocratic oath. 

Unfortunately, when a doctor fails to live up to the required standard of care, the result can be a serious injury, worsened medical condition, shortened life expectancy, or – in the worst-case scenario – wrongful death.

If you or a loved one has suffered due to medical negligence, a skilled Phoenix medical malpractice lawyer can help you understand your rights and pursue the compensation you deserve. Although no legal process can erase a medical malpractice fatality, a medical malpractice wrongful death claim gives a deceased loved one a voice for justice through financial accountability while preventing undue financial hardship caused by the death.

What Causes Medical Malpractice?

Medical malpractice occurs when a doctor or other provider violates the legal duty requiring them – to treat a patient at the level of care accepted as standard within the medical community. Unfortunately, sometimes doctors make mistakes or fail to take the appropriate measures necessary to promptly diagnose and effectively treat an ill or injured patient. The most common causes of medical malpractice include the following:

• Misdiagnosis, missed diagnosis, and delayed diagnosis
• Medication errors
• Failure to order appropriate diagnostic tests
• Failure to accurately interpret diagnostic tests
• Surgical errors, such as wrong-site, wrong-side, or wrong-patient surgeries, and surgical tools left inside body cavities
• Anesthesia errors
• Failure to treat
• Failure to diagnose an infection
• Failure to obtain informed consent
• Premature patient discharge
• Failure to monitor a patient
• Inadequate post-surgical discharge instructions

A successful medical malpractice claim requires compelling medical evidence of a provider’s negligence. The family of a deceased loved one must present evidence that the death caused economic damages as well as physical harm or death to the patient. When the medical malpractice causes the patient’s death, the claim becomes a medical malpractice, wrongful death claim.

In Arizona, a close surviving family member, like a spouse, parent, or adult child, may file a medical malpractice wrongful death claim. If a close family member does not file a claim, a personal representative or the executor of the decedent’s estate may claim damages on behalf of the estate. The amount recovered is dispersed through the inheritance direction of the decedent’s will or the state’s intestacy laws.

What Damages Can I Recover In a Medical Malpractice Wrongful Death Case?

Medical malpractice can cause significant harm even when it causes an injury or medical setback, but when it results in death, the repercussions impact the decedent’s family as well as ending the patient’s life. These become the damages in a wrongful death claim after medical malpractice. Common damages in these claims include the following:

• Reimbursement for additional medical expenses if the decedent had further care after the initial malpractice incident
• Funeral and burial expenses
• Lost wages for a family member who took time away from work to deal with their loved one’s death
• Loss of income for the remaining earning years the decedent would have had left to them had they not died from the malpractice
• Loss of benefits, such as health insurance and retirement plan contributions
• Loss of household services, like caring for the yard, home, or children
• Compensation for the pain and suffering the decedent experienced before their death
• Compensation for the family’s emotional anguish and grief
• Compensation for the loss of a spouse’s companionship and consortium, a parent’s guidance and nurturing, or a child’s lifelong love and support

If your loved one was harmed due to medical negligence, a Phoenix medical malpractice wrongful death lawyer can help you navigate the complexities of these cases and fight for the compensation your family deserves. A medical malpractice wrongful death claim is filed directly against the at-fault medical provider’s malpractice insurance. If the insurance company fails to offer an acceptable settlement, the case becomes a lawsuit in court.

What Evidence Do I Need to Prove Damages In a Medical Malpractice Wrongful Death Claim?

It takes substantial evidence to make a successful medical malpractice claim. First, the evidence must prove the doctor’s liability by demonstrating that a doctor-patient relationship existed at the time the incident occurred. Then, the evidence must show that the medical provider failed to uphold their duty to treat the patient at the level of care required by the medical community, and their failure caused the patient’s death. Finally, the evidence must prove that the decedent’s family suffered economic damages from the death.

Common evidence in medical malpractice wrongful death claims includes medical bills, receipts for funeral and burial expenses, and proof of the decedent’s yearly income and benefits.

What Should I Do When Seeking Damages From Medical Malpractice?

The death of a beloved family member always feels wrong, but it’s legally a wrongful death when it results from someone else’s negligence, including in medical malpractice cases. It’s difficult to keep a cool head and take purposeful action after a loved one’s death, but taking specific steps to protect your family’s financial future helps you to recover the compensation and sense of justice your deceased loved one would want for you and your family. After medical malpractice causes death, take the following actions to maximize the compensation for your damages:

• First, gather all of the medical records and the physician’s notes from the facility where the malpractice death happened
• Obtain a copy of the decedent’s most recent physical examination results from before the medical malpractice occurred
• Ask for a copy of the medical examiner’s report
• Keep all invoices and receipts from funeral and burial costs
• Gather documents showing the decedent’s typical annual income and benefits
• Call an experienced medical malpractice lawyer

Your medical malpractice wrongful death attorney will consult with medical experts to provide evidence to make a compelling case, showing that the death was the direct result of a provider’s failure to treat the patient the way a reasonable medical professional would have under the same circumstances.

Are There Limits to the Damages Available from a Medical Malpractice Wrongful Death Claim?

Many states place limits, or caps, on the total amount of compensation available to the victim of medical malpractice, or they may cap the available compensation for non-economic damages like emotional anguish; however, Arizona does not cap personal injury damages, including in medical malpractice and/or wrongful death claims. Under Arizona Article 18 Section 31, the law states the following:

“No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person…”