Our Virginia Wrongful Death Attorney Explains How to Determine if Medical Malpractice Caused Your Loved One’s Death
The loss of a loved one is devastating, and suspicions that a doctor’s negligence may have caused their death compound the pain. If you believe that the doctor who treated your loved one made a mistake, then it is important to find out the truth. You need to know whether your loved one’s death was caused by that mistake or whether their death was a reasonable risk, given the treatment the doctor provided with your loved one’s consent.
A doctor or hospital may be unwilling to provide this information. Instead, you may need the help of an experienced Front Royal wrongful death attorney who can get you the answers you need. Once you know the truth, attorneys at Dulaney, Lauer, and Thomas can help you determine how to proceed with a possible legal claim.
What is Medical Malpractice?
Medical malpractice is when a doctor or other health care professional does not meet the proper standard of care when caring for patients. Medical professionals are held to a specific professional standard of care based on customary practices of the average health care provider, and this standard of care is what your loved one’s medical care will be compared to.
Medical malpractice cases pursue justice and financial compensation for those who suffer harm due to a doctor’s failure to practice a reasonable standard of care. For a successful medical malpractice case, you must prove a few things:
- There must have been an official doctor-patient relationship.
- The doctor breached their duty of care, as compared to what any comparably trained physician would do.
- Your loved one suffered harm as a result of that lack of proper care.
- You or your loved one have incurred damages like the loss of your loved one, medical bills, lost income, and more.
Why You Need to Know if Medical Malpractice Killed Your Loved One
The loss of a loved one, no matter the cause, causes deep grief and pain. If your loved one died as a result of medical malpractice, you’re likely also dealing with mounting expenses, including medical bills, funeral costs, and more.
If you can prove that a medical professional’s (or health care facility’s) negligence caused your loved one’s death, you may be able to alleviate the financial burdens adding to your difficult situation. A medical malpractice lawsuit can also help you hold those responsible for your loved one’s death accountable. An experienced Virginia wrongful death lawyer can help you seek both compensation and justice for the fatal incident caused by negligent providers.
Possible Signs of Medical Malpractice
If you suspect possible malpractice, you might be wracking your brain to determine whether there were any warning signs that something was wrong. As you review medical records and your own memories of your loved one’s care leading up to their death, watch for these common signs of possible medical malpractice:
- Your loved one’s condition doesn’t get better – or gets worse – even when their doctor tells them it will. This may indicate misdiagnosis or inappropriate treatment. You should pay particular attention to sharp, unexpected declines in your loved one’s health, as they may indicate that the chosen treatment is rapidly worsening their condition.
- Your loved one’s doctor dismissed their (or your) concerns. They may be the professional, but you know your own body. They should be willing to listen to your concerns and respond to them with evidence-based explanations. If they dismiss your concerns or claim you’re imagining things, that may be a sign that they think they have all the answers. If so, they may not order necessary tests, potentially resulting in undiagnosed or misdiagnosed conditions.
- Your loved one experiences an unexpected treatment outcome. Their doctor should provide them with information on possible outcomes and side effects of treatment so that your loved one can provide informed consent. If your loved one experienced severe, unexpected symptoms before their death, or if death was not an expected risk, their doctor may have committed a serious error in their care.
Important Types of Evidence to Prove Medical Malpractice
A successful medical malpractice claim requires evidence to prove 1) that your loved one’s doctor failed to provide a reasonable standard of care and 2) that their negligence caused your loved one’s death. Types of evidence you can use include:
- Medical records
- Hospital records
- Expert witness testimony
- Testimony from others present at the time of the malpractice (including family members or friends)
- Past malpractice claims against the provider or facility, if any
How a Medical Malpractice Attorney Can Help You
An experienced Virginia wrongful death lawyer can help you navigate the complexities of medical malpractice, including gathering evidence, interviewing witnesses, conducting research, pursuing settlement negotiations, or representing you in court if necessary.
