Have you ever considered what would happen if you didn’t receive the highest settlement from a medical malpractice case?
Even though a doctor or institution killed a loved one, your family has to pay the price. Bills may already be filling your mailbox from the hospital and funeral home.
All while you grieve the victim’s loss and try to hold the family together.
Our team believes you can receive the financial compensation your family deserves by petitioning the courts.
With the help of an experienced medical malpractice lawyer, you don’t have to suffer medical bills from a doctor’s carelessness actions.
The amount you qualify for depends on the wrongful death case and how the victim passed away. But we can share the average settlement amount and some example cases to give you an idea of what to expect.
What is the difference between wrongful death and medical malpractice?
Most people we work with confuse medical malpractice and wrongful death as 2 separate legal claims.
Understanding the difference makes an impact on how you file the loved one’s petition and receive compensation in the end.
Wrongful Death
Wrongful death suits occur when someone’s negligence causes another person’s death. The court defines these lack of responsibilities as duties of care or the standard of care your loved one should have received.
An experienced attorney’s job is to prove the murderer did not provide duties of care to the victim and that these led to their death. They can win the judge’s opinion and jury verdict for your highest settlement.
You can file against individuals and organizations for various preventable deaths, such as police shootings, car accidents, and product malfunctions.
Medical Malpractice
Similarly, medical malpractice is the result of a doctor or institution unintentionally killing a patient. It is a type of wrongful death but is only one kind.
We’ve seen 10 common medical malpractice cases settle in the firm involving a false diagnosis, misdiagnosis, surgical errors, and more.
The worst part about these tragedies is that hospitals often cover up the incidents and try to convince patients not to file.
What is the average payout for medical malpractice in wrongful death?
In general, medical malpractice and medical error settlements reach around $500,000 and often jump above $1 million.
We do not promise your negligence case will earn this amount of compensation. But an experienced attorney can argue for the highest medical malpractice settlement possible in probate.
The only way to discover how much your family is eligible for is to speak with a wrongful death lawyer. They review the particulars of the medical death and local legislation to give you an estimate.
Most provide free consultations and don’t get paid until you do.
What factors influence the medical malpractice settlement?
Your family earns compensation from medical malpractice by assessing the total damages or suffering. The law categorizes them as economic damages with specific settlements and non-economic damages that are not as clear.
For example, the perpetrator will pay funeral costs if the planning and burial price is $7,500. But the judge must determine compensation for the emotional trauma your family has experienced from losing a loved one.
Economic Damages
- Hospital Stay
- Medical Procedures
- Medical Treatments
- Prescriptions
Non-Economic Damages
- Pain and suffering
- PTSD/mental illness
- Loss of consortium
Every medical malpractice case is unique, and courts assess them according to wrongful death laws. These sometimes include damage caps or the maximum amount you can earn on damages.
Most states create damage caps on non-economic damages only, but others make them for total damages. An experienced medical malpractice lawyer can help identify economic and non-economic damages you may not know your family qualifies for.
This will help ease financial burdens and create recovery space for the entire family.
What are some medical malpractice case examples?
You are not alone if your loved one has died due to a doctor’s careless actions. Whether on the operating table, misdiagnosis, or another type of medical malpractice, over 250,000 patients die each year in the United States alone.
2 Failed Heart & Lung Transplants
A 17-year-old girl named Jesica Santilian died of a failed heart and lung transplant back in 2003. The reason: Duke University Hospital didn’t check to see if the organ donor’s blood type matched.
Putting her under another transplant to switch the organs, the teenager’s brain swelled and bled out. She soon died from a tragic example of medical malpractice.
Surgery on the Wrong Side of the Head
You may have heard of the 86-year-old man who died back in 2007 from a surgeon operating on the wrong side of his head. Not only did this happen 3 times that same year at Rhode Island Hospital, but it continues to plague patients.
A statistic from the National Library of Medicine says that wrong-side surgeries occur 40 times per week in hospitals across the country.
And it could happen to you or your family members too.
Prevent Future Heartache with a Medical Malpractice Team
You may be eligible for a wrongful death settlement if your loved one’s died at the hands of a doctor or hospital. If they experienced a serious injury or life-altering condition, you could file for personal injury.
Our experienced wrongful death attorneys have won over $850,000 in settlements and judgments. We’ve proven time and time again that we have what it takes to win your family the highest medical malpractice settlement.
The great news is that most medical institutions won’t even bring cases involving medical malpractice to trial: they come to a settlement without public humiliation.
You should take advantage of their cowardness and reach out for a free consultation. Our law firm does not get paid until you do, so there’s no charge to begin healing this tragic narrative.
Call our empathetic medical malpractice attorneys at (334)-269-3230. We can listen to your story in Alabama, Georgia, and across the entire United States.
Don’t hesitate to file a wrongful death lawsuit with us so we can support you during this difficult time.