Wrongful Death Due to Medical Malpractice Lawyer New York
Anytime you lose a loved one, the effects are devastating and lasting; but when someone dies because of the negligence of the medical professionals responsible for his or her care, there is an additional layer of injustice and disbelief. While doctors, nurses, and other medical employees are mostly highly skilled and careful professionals who in great part fulfill their duty treat their patients with the standard of care that is expected, all-to-often this duty is breached and patients die. Whether it’s a failure to diagnose a serious condition, an error on the operating table, or giving the wrong medicine, medical errors can cause patients to suffer and eventually die, and they should be addressed seriously.
When someone dies due to the negligence of their doctor, their surviving family members are entitled to compensation by filing a wrongful death claim. Wrongful death claims are a part of the New York Estates, Powers and Trust Laws (EPTL), which grants financial compensation to the deceased family. In the case of the loss of a spouse, the surviving spouse can be entitled to a loss of the deceased income, loss of services of the deceased, and a loss of parental care and guidance if there are children. If the wrongful death is that of a child, the parent may be entitled to loss of services of the child. Loss of services generally refers to the loss of the benefits of the relationship the claimant had with the deceased. In addition, if applicable, the claimant may also be entitled to compensation for any pain and suffering that the deceased suffered before he or she died. To find out more, continue reading, or call (212)-400-4000 or email email@example.com for a FREE CONSULTATION.
In order to receive compensation, you have to file and succeed on a wrongful death claim against the medical professionals whose negligence caused your loved one to die. Filing a claim is difficult and complicated and is definitely not something you should do on your own. You generally need medical experts to analyze the actions of the medical staff that cared for you and to state that, in his or her, opinion your care was negligent. In some cases, this can be somewhat straightforward, such as when a patient is given the wrong medicine, but most of the time, the exact cause of death is far more difficult to prove.
A lawyer will know how to utilize medical experts to investigate your claim and establish that your loved one’s death was the result of medical negligence, and, if necessary, that he or she experienced unnecessary pain or suffering while still alive. Likewise, lawyers will use economists and other financial experts to derive the most accurate assessment of the amount of compensation our client’s should receive. Furthermore, an attorney will have the expertise to establish additional financial damages, such as loss of services for a spouse or child. Finally, the medical professionals and/or hospital you file a claim against will almost certainly have representation, and you need an advocate who will able to stand up against opposing counsel and protect your rights in court.
The lawyers at Munawar & Andrews Santillo LLP (‘Mlawfirm’) are highly experienced and knowledgeable attorneys who are confident taking a case to trial if necessary. We negotiate zealously with opposing counsel and have secured millions of dollars for our clients over the years. Our attorneys work tirelessly to ensure that our clients receive the compensation they deserve, and we will not stop until you receive a fair settlement or award. If you have lost a loved one due to medical malpractice, contact our lawyers today at (212)-400-4000 or email at firstname.lastname@example.org for a FREE CONSULTATION.
Some common examples of medical malpractice causing the wrongful death of a patient include:
- Misdiagnosis of a serious condition, such as a heart attack, stroke, or cancer
- Infection caused by negligent care
- Errors during surgery
- Giving the patient the wrong medicine
- Error in administering anesthesia
- Labor and delivery complications
- Unnecessary surgery
- Failure to follow-up/properly monitor
- Any other form of negligence by medical staff
If you believe any of these examples, or some other form of medical malpractice has caused the death of a loved one, then you may be entitled to compensation. Depending on the circumstances of the wrongful death, you may have multiple claims against multiple parties. For example, you may have a claim for the conscious pain and suffering experienced by the deceased while still alive, a claim for loss of support, and a claim for loss of services. An experienced lawyer will know how to investigate death of your loved one and how to prove each type of claim. An attorney will file your claim or claims accurately and timely and will give you the best chance of receiving the maximum compensation available.
If you call now, our office will provide you with a full analysis of your situation and assessment of your claim. If you wait too long to file your claim, you could be barred from pursuing it in the future under New York Statute of Limitations law. It is also vital that you take action and consult a lawyer right away because there can be a lot of information to gather and process in a short period of time, and having all the necessary evidence organized and well-presented will make your claim as strong as possible.
And remember, we do not get paid unless we win your case, so you do not have to worry about being able to afford representation for your medical malpractice claim. The consolation is free, and we only collect if you receive a settlement or judgment in your favor. Our attorneys are ready and determined to use their expertise to support you and your family in the fight for the compensation you deserve.
Contact a New York Medical Malpractice Lawyer today at (212)-400-4000 or email at email@example.com for FREE CONSULTATION
Prior results do not guarantee a similar outcome.