Unique Aspects of Wrongful Death Claims Involving Medical Negligence
Medical negligence wrongful death claims involve the loss of a loved one caused by a healthcare provider’s failure to meet the applicable standard of care. Unlike many other wrongful death claims, these cases often require medical testimony to establish what care should have been provided and whether a provider’s negligence caused the death.
At Spencer Law Group in Lexington, Kentucky, we help you evaluate medical evidence, understand your legal options, and pursue accountability after a preventable death. We serve clients in Bowling Green, Covington, Louisville, Owensboro, and Hopkinsville. Contact our firm to discuss your circumstances and learn how we may help with your wrongful death claim.
Examining Medical Negligence in Wrongful Death Claims
A wrongful death claim involving medical negligence generally requires proof that a healthcare provider owed the patient a duty of care, breached the applicable standard of care, and caused the patient’s death as a result. A poor outcome alone does not establish negligence.
We may review whether the provider acted as a reasonably competent provider would have acted under similar circumstances. This process often involves examining records, consulting qualified medical professionals, and determining whether different care probably would have prevented the death.
Common examples of medical negligence that may lead to a wrongful death claim include:
Misdiagnosis or delayed diagnosis: A failure to identify a serious condition or provide timely treatment may allow an illness or injury to worsen.
Medication errors: Mistakes involving prescriptions, dosages, administration, allergies, or drug interactions may cause fatal complications.
Surgical mistakes: Errors during a procedure or failures involving postoperative monitoring may contribute to a patient’s death.
Failure to provide appropriate follow-up care: A provider’s failure to monitor symptoms, test results, or complications may allow a dangerous condition to progress.
We focus on gathering the information needed to determine how the medical care affected the outcome. This review can help you understand whether there may be a basis for legal action.
Reviewing Evidence in a Medical Negligence Claim
Medical negligence claims require detailed documentation because the circumstances of the patient’s care often determine whether a wrongful death claim can proceed. We may examine several types of evidence to understand what happened before the death.
Important evidence may include:
Medical records: Treatment notes, test results, medication information, imaging, and hospital records provide details about the care the patient received.
Medical opinions: Qualified medical professionals may explain the applicable standard of care, how the provider departed from it, and whether that departure caused the death.
Communication records: Messages between healthcare providers, the patient, and family members may provide information about symptoms, treatment decisions, and follow-up instructions.
Billing and treatment information: These records may help establish the timeline of services, tests, and procedures.
Expert testimony is generally necessary in Kentucky medical negligence cases unless the negligence is sufficiently apparent that a layperson can recognize it without specialized medical knowledge. Kentucky also generally requires a certificate of merit to be filed with a medical malpractice complaint, although statutory exceptions may apply.
As Lexington wrongful death lawyers, we can help you collect and organize evidence while addressing the procedural requirements that apply to the claim.
Because these cases are time-sensitive, you should not assume that you have a full year from the date of death to act. Kentucky generally imposes a one-year limitations period on medical malpractice claims, but discovery rules, the appointment of a personal representative, and other circumstances may affect when the deadline begins or expires.
Identifying Damages Available in Wrongful Death Cases
Kentucky generally requires the deceased person’s personal representative to bring the wrongful death action. Any recovery is distributed according to the statutory order rather than simply being divided among all surviving relatives.
Potential damages may include:
Funeral expenses: Kentucky law allows funeral expenses to be paid from a wrongful death recovery.
Loss of earning power: The claim may seek compensation for the destruction of the deceased person’s ability to earn income.
Loss of consortium: A surviving spouse may have a separate claim for the loss of the deceased spouse’s services, assistance, society, companionship, and marital relationship.
Loss of affection and companionship in limited cases: Kentucky law permits certain claims by parents following the wrongful death of a minor child and by minor children following the wrongful death of a parent.
Punitive damages: These damages may be available when the conduct was willful, or the negligence was gross.
Claims for medical expenses, pain and suffering, or other losses the deceased experienced before death may belong to the estate through a separate survival action. We review the circumstances to identify the claims and damages that may be available.
Working Through the Wrongful Death Claim Process
A medical negligence wrongful death claim involves several steps, from appointing a personal representative and gathering records to presenting evidence supporting the claim. We handle important legal tasks while keeping you informed about your options.
The process generally involves these four steps:
Reviewing the circumstances: We examine medical records and other information to determine whether a healthcare provider may have departed from the applicable standard of care.
Consulting a medical professional: When necessary, we seek an opinion addressing the standard of care, breach, and whether the alleged negligence caused the death.
Preparing the claim: We organize the supporting evidence, address the certificate-of-merit requirement, and identify the proper personal representative and claims.
Pursuing a resolution: We communicate with insurers and other involved parties. If an appropriate resolution cannot be reached, we may pursue the claim through litigation.
Medical negligence claims require attention to both medical details and Kentucky law. We can help you understand what to expect and what information may be needed at each stage.
Receiving Support After a Wrongful Death Case
Losing a loved one because of suspected medical negligence may leave you with unanswered questions and concerns about the future. A wrongful death claim provides a way to seek accountability and compensation for losses recognized under Kentucky law.
At Spencer Law Group, we help you understand your legal options and determine the next steps. We are located in Lexington, Kentucky, and serve Bowling Green, Covington, Louisville, Owensboro, and Hopkinsville. Contact our firm to discuss your loved one’s death and whether you may have grounds to pursue a claim.