Get Justice for Your Loved One By Suing for Medical Malpractice
You take your loved one to the hospital for them to get better, but when they die as a result of a doctor’s negligence, you can feel betrayal on top of grief.
Medical malpractice is shockingly common, as malpractice in healthcare is the third leading cause of death in this country following cancer and heart disease. As many as 250,000 deaths are estimated to occur a year. The death rate of medical malpractice claims is even higher for black Americans, as medical studies are often skewed towards white populations.
You can sue either a doctor or the hospital for medical malpractice when it results in death or injury. These are civil suits that usually result in financial compensation and not jail time.
Our medical malpractice lawyers in Los Angeles have won hundreds of thousands of dollars for our patients. If you received a wrong diagnosis or an inaccurate treatment plan, then you may be the victim of medical malpractice. If your loved one died in the hospital from a nonlife-threatening disease or low-risk surgery, you should get them justice through a wrongful death attorney in Los Angeles.
Filing a Wrongful Death Lawsuit
If you decide to file a wrongful death lawsuit on behalf of your loved one who was killed at the hospital, you can sue either the hospital or the doctor who was in charge.
The deceased in this situation is the plaintiff even though they cannot file the lawsuit themselves. The person who files the wrongful death lawsuit is often the plaintiff's closest living relative. If the deceased is your spouse, child, or parent, you can file the wrongful death lawsuit due to medical malpractice on their behalf.
It’s also common for the person filing the lawsuit to be the person who is in charge of the deceased’s estate. The representative of the deceased’s estate, whether it’s a child, parent, or spouse, will possess the legal authority to file, control, and settle the lawsuit.
Damages in a Wrongful Death Medical Malpractice Case
Damages that your Los Angeles medical malpractice attorney can file for are divided into two types. Our wrongful death lawsuit attorneys file for:
- Economic Damages: These are financial losses that occur as a result of the victim’s death. These can be medical expenses and funeral expenses in addition to a loss of their income and benefits, such as their pension.
- Non-Economic Damages: Non-economic damages are harder to quantify because they are not as tangible. Non-economic damages can be their loved one’s mental anguish and pain and suffering. The gap in one’s life that occurs after an untimely death can be made difficult by the loss of their care, guidance, love, companionship, or consortium. You can sue for all of these.
California puts a $250,000 cap on the amount of non-economic damages that can be claimed in wrongful death suits. Your Los Angeles death attorney will add up the non-economic damages and then stop after they hit that $250,000 mark.
Deadlines for Filing a Medical Malpractice Lawsuit in California
Your lawyer for family issues must file the wrongful death suit within three years of the deceased’s untimely death. If you find out at a later date that your loved one’s death was due to a doctor’s negligence, you must file within one year of finding out this information. The statute of limitations is the same for both adult and child victims.
It’s also important to note that California requires you to formally notify the focus of your lawsuit that you intend to file the malpractice case. This notice must be given at least 90 days before the lawsuit is filed.
The state of California requires that the defendant must be informed of:
- The legal basis of the claim
- The type of loss sustained
- The nature of the injuries suffered
Also, if you give notice less than 90 days before the statute of limitations runs out, an additional 90 days will be added on to your time limit to file.
About The Law Offices of Nigel Burns
The Law Offices of Nigel Burns is a law firm for family issues, like those surrounding alimony, divorce, and child custody. We also handle personal injury matters like wrongful death and car accident injury claims.
Our attorneys are here to take care of the legal process behind your lawsuit, minimizing any stress that you may feel. Leave it to our attorneys to get justice in the form of compensation through our aggressive, yet empathetic, approach to civil litigation.
Our offices are located across greater Los Angeles, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.