When medical professionals fail to provide the standard of care expected in their field, the consequences can be brutal. Sometimes, these failures result in the ultimate tragedy: the death of a patient. When this happens, families face not only profound grief but also the daunting prospect of pursuing a medical malpractice wrongful death claim.
These cases represent some of the most complex legal challenges in personal injury law. Families must prove that medical negligence directly caused their loved one’s death while dealing with their emotional trauma. The process requires extensive medical evidence, expert testimony, and a thorough examination of what went wrong in the patient’s care. Contact an experienced Cleveland medical malpractice attorney when faced with a wrongful death claim involving medical malpractice. Here’s all you need to know about medical malpractice wrongful death claims and how an experienced attorney may help.
What Constitutes Medical Malpractice
Medical malpractice happens when a healthcare professional fails to meet the standard level of care, causing harm to the patient. In medical malpractice wrongful death claims, it must be shown that this failure directly led to the patient’s death.
Examples of medical errors that can result in wrongful death include:
- Not detecting critical illnesses like cancer, strokes, or heart disease
- Incorrect diagnoses that result in harmful or delayed treatment
- Mistakes made during surgical procedures
- Medication mishaps, such as dosage errors or dangerous drug combinations
- Lack of proper monitoring during medical care
- Poor aftercare or failure to follow up post-treatment
Thorough evaluation is essential to determine if the provider acted negligently and if that negligence was a direct factor in the patient’s passing.
Ohio’s Legal Framework
Ohio law provides specific guidelines for families pursuing wrongful death medical malpractice claims. Under Ohio law, a wrongful death is defined as a death resulting from a “wrongful act, neglect, or default.” A wrongful death claim may be brought if the conduct that caused the death would have formed the basis of a personal injury lawsuit had the person survived.
The legal framework requires establishing several key elements. First, the deceased must have had a viable medical malpractice claim at the time of death. This means proving the patient was owed duty of care by the healthcare provider, the healthcare provider breached that duty, and that the breach directly caused the death.
Second, the claim must be filed within the strict time limits set by Ohio law. The state maintains some of the most stringent deadlines in the country for medical malpractice cases, making prompt legal action essential.
Proving Medical Negligence in Wrongful Death Cases
Successfully pursuing a wrongful death medical malpractice claim requires establishing that medical negligence directly caused the patient’s death. This involves several critical components that must be proven with clear and convincing evidence.
The first requirement is establishing the existence of a doctor-patient relationship. This creates the legal responsibility that the healthcare provider owes to the patient. Once this relationship is established, the next step involves demonstrating that the provider violated it.
Proving breach of duty requires expert medical testimony to establish what the standard of care should have been in the specific circumstances. Medical experts must review the patient’s records, treatment history, and the decisions made during care. They must then testify about how the provider’s actions deviated from accepted medical practices.
Causation represents perhaps the most challenging element to prove. Families must demonstrate that the medical negligence was the direct cause of death, not merely a contributing factor. This often requires extensive medical evidence and expert analysis to rule out other potential causes.
Types of Damages Available in Ohio
Ohio law provides several categories of damages for families who successfully pursue wrongful death medical malpractice claims. These damages aim to provide financial and emotional compensation for the impact of losing a loved one due to wrongful death.
Economic damages refer to measurable financial losses, including:
- Medical costs incurred prior to the individual’s passing
- Expenses for burial and funeral arrangements
- Projected earnings the deceased would have provided
- Loss of employment-related benefits such as health coverage or retirement plans
- The economic value of household tasks and services once performed by the deceased
Non-economic damages relate to emotional and personal hardships, such as:
- Emotional pain and suffering endured by the surviving family
- Loss of the deceased’s companionship and emotional support
- Absence of the guidance and wisdom that the deceased would have offered
- Deep emotional distress and mourning experienced by loved ones
The Role of Medical Expert Witnesses
Experts are essential in medical malpractice wrongful death claims. These professionals must review extensive medical records, analyze the treatment provided, and offer opinions about whether the care met accepted standards.
Qualified medical experts typically practice in the same specialty as the defendant healthcare provider.
They must have current knowledge of accepted practices and standards within their field.
Their testimony helps the court understand complex medical concepts and procedures that led to the patient’s death.
Expert witnesses must be able to explain their findings in terms that judges and juries can understand.
They often create detailed reports outlining their analysis and conclusions. During the trial, they may use visual aids, medical illustrations, and other tools to help explain complex medical concepts.
Common Challenges in These Cases
Wrongful death medical malpractice cases present unique challenges that require skilled legal representation. Healthcare providers often have strong legal teams and substantial resources to defend against claims. They may argue that the patient’s death resulted from natural disease progression rather than medical negligence.
Defense attorneys frequently challenge the qualifications of expert witnesses or dispute their conclusions about the standard of care. They may present their expert testimony to counter the family’s claims. This creates a battle of experts that requires careful preparation and presentation.
Medical records can be extensive and complex, requiring thorough analysis to identify potential negligence. Some records may be incomplete or missing, making it difficult to reconstruct exactly what happened during the patient’s care.
Contact Us Today
At Tittle & Perlmuter, we understand the devastating impact that medical malpractice wrongful death has on families. Our experienced attorneys have the knowledge, resources, and dedication needed to pursue these complex claims. We work with qualified medical experts to thoroughly investigate what happened and fight for the compensation your family deserves.
Contact Tittle & Perlmuter today for a comprehensive evaluation of your potential medical malpractice wrongful death claim. We are here to guide you through this difficult process and help you seek the justice your loved one deserves.
