Depending on the level of malpractice exhibited by a given physician, a doctor’s poor performance could lead to the death of the unfortunate patient. At that point, the loved ones of the deceased might choose to initiate a medical malpractice lawsuit.
Who would be the target of such a lawsuit?
The plaintiffs could sue with the assistance of the personal injury lawyer in Richmond Hill either the responsible doctor, or the hospital, if the patient had died, while at the hospital, or soon after leaving that particular institution.
Who should file the lawsuit?
The filing process could be carried out by either the closest surviving family member or by the executor/administrator of the deceased’s estate. The court would appoint the person that would be expected to ensure completion of the filing process.
What damages could the plaintiffs claim?
The close family members of the deceased would have a right to seek reimbursement for any medical expenses that had developed, while their loved one was undergoing medical treatment.
If the deceased had been working, and if the income earned had been used to cover some of the household expenses, then the family could seek repayment of the lost income. The jury would receive instructions for calculating the exact amount of money to be given members of the deceased’s family.
Although the payment would be made shortly after issuance of the court’s decision, it would need to reflect the expected changes in the cost of living over the coming years. An expert in economics might need to assist the jury with making its necessary calculations. Such experts understand how to account for the expected increase in the standard of living, and its effect on any award that a family has been promised, due to lack of income in the future.
The amount of money that a given family could claim for pain and suffering would depend on the laws in the state where the family members had chosen to file their case. Some states put a cap on the number of non-economic damages that might be requested, following the wrongful death of a loved one.
Most states allow deserving family members to sue for loss of consortium. The submission of a request for money for loss of consortium would reflect the disappearance of a source of love, companionship and guidance.
Depending on the manner by which the accused physician had demonstrated poor medical practices, the court might find that he or she should get hit with the need to pay punitive damages. If the court were to make that decision, then the plaintiffs would enjoy an addition to their list of damage awards.