Losing a loved one is an extremely difficult experience, and when it happens due to medical malpractice, it can be especially devastating. In Indiana, families who have lost a loved one due to medical malpractice have the option to file a wrongful death claim. This type of claim can help families receive compensation for their loss, as well as hold medical professionals accountable for their actions.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide proper care to a patient, resulting in injury or death. Medical malpractice can take many forms, including misdiagnosis, surgical errors, medication errors, and more. In order to prove medical malpractice, it must be shown that the healthcare provider failed to meet the accepted standard of care for their profession.
What is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit that is filed when someone dies as a result of someone else’s negligence or intentional harm. In Indiana, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. The claim can be filed by the personal representative of the deceased person’s estate on behalf of their surviving family members.
In a wrongful death claim involving medical malpractice, the plaintiff must prove that the healthcare provider’s negligence was the direct cause of the patient’s death. This can be a difficult and complex process, as medical malpractice cases often require expert testimony and detailed medical records.
Compensation in Wrongful Death Claims
If the plaintiff is successful in their wrongful death claim, they may be entitled to compensation for a variety of damages, including:
- Medical expenses incurred before the person’s death
- Funeral and burial expenses
- Lost income and future earning potential of the deceased
- Loss of companionship and support
- Pain and suffering of the deceased before their death
- It is important to note that Indiana has a cap on damages in wrongful death claims, which is currently set at $1.25 million. However, this cap does not apply to certain types of damages, such as funeral and burial expenses.
Holding healthcare providers accountable for their negligence can also help prevent similar tragedies from happening to other patients in the future.
When pursuing a wrongful death claim involving medical malpractice in Indiana, it is important to work with an attorney who has experience in this area of law. A knowledgeable attorney can help gather evidence, hire expert witnesses, and negotiate with insurance companies to ensure that the plaintiff receives the maximum amount of compensation possible.
It is also important to keep in mind that the process of filing a wrongful death claim can be emotionally taxing. Losing a loved one is already a difficult experience, and going through the legal process can add to the stress and grief. That is why it is important to work with an attorney who is not only experienced in this area of law but also compassionate and understanding.
If you have lost a loved one due to medical malpractice in Indiana, you may have the option to file a wrongful death claim. This can help you and your family receive compensation for your loss, as well as hold healthcare providers accountable for their negligence. Working with an experienced attorney can help make the process smoother and less stressful, while also increasing your chances of success.
Wyant Law can provide experienced and compassionate legal representation to families who have lost a loved one due to medical malpractice in Indiana. Our team of attorneys has a proven track record of success in handling complex medical malpractice cases, including wrongful death claims.
We understand that losing a loved one is a difficult and emotional experience, and we are committed to helping our clients navigate the legal process with sensitivity and care. We can provide guidance and support throughout the entire process, from filing the claim to negotiating with insurance companies to pursuing litigation if necessary.
Our team has access to medical experts who can help review medical records and provide testimony in support of our client’s claims. We also have the resources and experience necessary to gather evidence, build a strong case, and fight for the maximum compensation possible.
At Wyant Law, we believe that holding healthcare providers accountable for their negligence is important not only for our clients but also for the safety of future patients. That is why we are dedicated to advocating for our clients and pursuing justice on their behalf.
If you have lost a loved one due to medical malpractice in Indiana, contact Wyant Law today to schedule a consultation. We can help you understand your legal options and provide the support you need during this difficult time.