What Evidence Do You Need to File a Wrongful Death Malpractice Case?

The unexpected death of a loved one always feels wrong, especially when the death was preventable if only another party’s actions or negligence hadn’t caused it, but never more so than when the death was caused by the very doctor or other medical professionals tasked with the loved one’s medical care. Unfortunately, doctors do not always live up to the required standard of care, and failing to do so sometimes ends in tragedy.

All medical malpractice claims are legally and emotionally complex, but when the medical malpractice causes fatal harm to a patient, their closest family member may recover compensation through a wrongful death medical malpractice case with the guidance of a Phoenix wrongful medical death attorney.

Who Can File for Wrongful Death In Arizona?

Like other states, Arizona limits those who may file a wrongful death case to the immediate family members who suffer financially from the loss, including in medical malpractice death claims. This prevents distant relatives from financially exploiting a family member’s death. Arizona 12-612 states the following:

“An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent’s estate.”

In other words, in Arizona, only a surviving spouse, parent, or child may file a claim. If none of those family members file a claim, the personal representative or executor of the deceased loved one’s estate may file a claim on behalf of the estate. If a representative of the estate succeeds in recovering compensation, the amount awarded goes to those named in the decedent’s will or is distributed according to the state’s intestacy laws for inheritance.

What Types of Medical Malpractice Cause Wrongful Death?

When a doctor or other medical provider fails to treat a patient the way another, reasonable provider would have under the same circumstances, it is medical malpractice. The medical community considers some types of medical malpractice as “Never Events” because universal protocols should prevent these egregious harms from happening. Despite that, medical malpractice remains a growing problem, including the following types of medical malpractice that sometimes end in wrongful death:

• Misdiagnosis
• Missed diagnosis
• Delayed diagnosis
• Medication mistakes
• Failure to order appropriate diagnostic tests
• Anesthesia errors
• Surgical errors
• Failure to accurately assess diagnostic test results
• Failure to obtain or transfer complete patient records

What Evidence Can Family Members Gather After a Medical Malpractice Death?

In some cases, the family members of a deceased loved one don’t immediately recognize that their loved one’s death was directly caused by medical malpractice, but it may become clear either following a medical facility’s investigation or the medical examiner’s autopsy report. Regardless, it’s crucial to gather the following evidence as soon as possible after the loved one’s death:

• A copy of their most recent physical examination before the medical malpractice death
• Their medical records from the facility where the wrongful death occurred
• A copy of the medical examiner’s report
• Any imaging test results, such as MRIs and CT scans
• The physician’s notes
• A hospital chart, if the medical malpractice victim was hospitalized before their death

If the decedent survived for a period after the malpractice and required medical care, their close family member should collect all related medical bills, invoices, and receipts for out-of-pocket expenses. If they took time away from work, employers’ statements and tax forms showing their typical income also become crucial evidence of lost earnings. Importantly, if the decedent was a family provider, evidence of their annual income and benefits proves the heavy financial losses associated with the death.

What Evidence Does a Medical Malpractice Attorney Compile After a Medical Malpractice Wrongful Death?

Medical malpractice claims require evidence showing that the decedent’s doctor or care team did not treat the patient at the expected level of care. This typically involves a consultation with a medical expert who can analyze and interpret the medical report, autopsy report, and diagnostic test and imaging results. The medical expert’s testimony must show that a reasonable provider would have treated the patient differently under the standard of care that’s accepted by the medical community.

An attorney’s evidence must demonstrate the following:

• A doctor/patient relationship was established at the time the malpractice occurred, so the provider owed a duty of care to treat the patient at the established care level
• They violated this duty of care
• The violation of their duty of care directly caused the malpractice death
• The decedent’s family suffered financial damages from the death

In addition to medical expert testimony, a Phoenix medical malpractice attorney may also seek eyewitness testimony from the patient’s care team.

Evidence of Wrongful Death Damages In Medical Malpractice Cases

Most families suffer at least some level of financial losses after a death, such as funeral and burial expenses; however, if the decedent was a family provider or performed critical household services, such as caring for small children, those economic losses escalate. Essential evidence of financial losses after a medical malpractice wrongful death includes the following:

• Evidence showing the funeral expenses and burial costs
• Evidence of the loved one’s yearly income before the death
• Evidence of their lost benefits, such as health insurance and retirement account contributions
• An estimate of the value of household services, such as child care, yard work, and home maintenance

In addition to economic damages, a successful medical malpractice wrongful death claim recovers compensation for emotional damages, such as:

• The pain and suffering experienced by the decedent before their death
• Grief and anguish
• Loss of a spouse’s companionship and consortium
• The loss of a parent’s guidance
• The loss of a child’s love and support

In some cases, additional compensation is available for PTSD, anxiety, depression, or loss of enjoyment of life, when egregious medical malpractice causes severe trauma for the decedent’s family members. While civil courts presume that the close surviving family member who files a medical malpractice wrongful death claim suffers grief and anguish, proving emotional trauma like PTSD requires evidence, such as a therapist’s report showing that the claimant is receiving treatment for an emotional condition resulting from the wrongful death.