In the field of medical malpractice, wrongful death claims involve a patient who has lost his or her life due to the negligence of a doctor, nurse, or other medical professional. The death can be the result of a direct action or inaction of a medical professional, medical facility, or hospital. A wrongful death action is brought to protect the surviving dependents of the victim by receiving compensation for the economic and non-economic losses caused by the wrongful death.
A family has the right to know what caused the death of a family member and be compensated for their loss. This is where the services of an experienced wrongful death lawyer, such as Dr. Bruce Fagel, who is also a licensed medical doctor, can be especially helpful to a family suffering from the loss of a loved one due to medical negligence.
The first thing that must be understood is what the cause of death was. An autopsy is usually required in most wrongful death cases to demonstrate if the cause of death was a result of medical negligence. However in many cases involving the elderly, or patients with complex underlying medical conditions, an autopsy is not conducted and the cause of death is left to the opinion of the treating physician. This is why hiring the proper
medical malpractice attorney who understands how to interpret medical records is critical for a family member who lost a loved one due to medical malpractice. Dr. Fagel examines the medical records for evidence which shows where a doctor or nurses negligence may have led to the wrongful death.
Each state has various laws for recovery and a statute of limitations for filing a wrongful death suit. California for example also has a limit on the amount of non-economic damages heirs can recover, which is $250,000. If economic damages are suffered by the heirs as a result of wrongful death, then the heirs can recover more than $250,000.
Dr. Bruce G. Fagel has helped the families of many victims of wrongful death due to medical malpractice. If a member of your family was a victim of wrongful death due to medical malpractice, you may have a cause to bring a wrongful death lawsuit.