The medical profession is highly regarded in all societies. People associated with this prestigious profession are expected to perform their duties to the best of their abilities.
Doctors have a legal duty to perform their duties with a reasonable standard of care and take all measures to save patients’ lives. The failure of a doctor to perform his or her duties may result in serious ramifications, including the death of a patient.
If the negligence or malpractice of a doctor caused the death of your loved one, as a legal heir, you are entitled to bring a wrongful death lawsuit.
A wrongful death lawsuit may be filed against the doctor or the hospital which has employed the respective doctor depending upon the contract of the doctor and the hospital.
It is a fact that doctors cannot save the lives of all patients and, in some cases, may not be able to perform to the best of their abilities. Therefore, 100 percent recovery is not expected from doctors, and they are given the benefit of the doubt based on human error.
However, patients entrusted their lives to the doctors and relied on their professional capabilities for their health. Therefore, the law has set a reasonable standard of care expected from doctors in a particular situation, and if the doctors fail to comply with the reasonable standard expected from them in the given circumstances, then you will be entitled to claim damages.
Causes of wrongful death by doctor
The failure of a doctor may be in numerous forms. The most common causes of wrongful death lawsuits include the following;
- Misdiagnosis of a disease that becomes fatal for the patient. In many cases, the early diagnosis of a disease is imperative for the survival of a patient. For example, in the case of cancer, the early diagnosis prevents further complications. However, if a doctor fails to diagnose the disease early and the ailment becomes fatal, the doctor will be subject to legal consequences.
- Doctors have to take great care of a patient during pregnancy, delivery, and post-delivery. Any malpractice or negligence on the part of a doctor may cause the death of the mother or baby or both.
- Mistakes in prescribing medication which triggers negative reactions from the body and causes the death of a patient. It may also include an overdose of any medication or giving any medication to which a patient is allergic, etc.
- Surgical errors, such as a doctor operating on the wrong body part, failing to stop bleeding, or forgetting surgical instruments inside the patient’s body, which causes the death of a patient, will entitle the legal heirs to bring a lawsuit against the doctor.
The examples mentioned above reflect a doctor’s reckless attitude without considering the consequences of the negligence or malpractice on the lives of a patient.
In these cases, it is essential to hold the doctor and the hospital accountable for their wrongs to prevent similar cases in the future.
Similarly, it will uphold human dignity and entitle the legal heirs to claim compensation for the loss of their loved one and the emotional trauma they have to go through in their lives.
Wrongful death by doctor and lawsuit funding
If a doctor’s negligence has caused the death of your loved one, you are entitled to bring a lawsuit of wrongful death against the respective doctor or the hospital which has employed the doctor. You can claim damages for the loss of your loved one and the emotional trauma you have faced due to the incident.
In the lawsuit of wrongful death by a doctor, it may take time for the courts of law or an alternative dispute resolution to establish the doctor’s guilt or any other medical personnel.
However, during the pendency of the case, you will have to manage the funeral expenses of your loved one, and the other monetary expenses will continue to mount. Therefore, under emergency circumstances, a viable financial option is available for you as long as you have retained an attorney and have an active case.
You can apply for an advance on your pending wrongful death lawsuit at any stage of the lawsuit. Pre-settlement funding (advance) is a risk-free cash advance that only gets paid if you win your lawsuit.
If you decide to apply for settlement funding, you can receive the funds before or after the final resolution of the case.
Wrongful death pre-settlement funding is not a loan; therefore, if you failed to prove your case and do not receive any compensation, you do not have to worry about the funding you took out from your pending case. You do not owe any money, and you will have to pay only if you receive the compensation.
Curious to know if a Baker Street Funding personal injury lawsuit loan is the right option for you? See what Baker Street Funding has to offer and get pre-qualified in as little as two minutes. Once approved, we will provide all possible financial assistance in your difficult time.