What Happens in “Wrongful Death”

by MWB News | Thursday, Jul 2, 2015 | 660 views

Death Cemetery GraveIs there a wrong way to die? It seems there is as the law points to a provision called The Wrongful Death Act.

The Wrongful Death Act is a claim the survivors may file against a person, a practice or an entity for causing the death of someone. The survivors refer to the decedent’s parents, spouse, children and even stepchild or adoptive brothers.

Some people may think that filing this lawsuit would automatically fall in favor of the deceased. In reality, after all the discrimination is eliminated, say the victim is a widow whose children are not covered by compensation because of age, the survivor may only claim a footing of the medical and funeral bills. But this is a case to case basis.

Injury and accident lawyers from OcalaInjuryhelp.com recommend consulting a legal advisor to determine what damages to claim for. They can spot injustices and put things in the right perspective to build the case.

Death and Medical Error

Wrongful deaths can come in various forms. One is medical negligence resulting to loss of life. In 2013, a report about mortality shows that one-sixth of deaths in the US are because of preventable medical mistakes.

More or less 210,000 Americans are killed by hospital errors every year. If the deaths related to diagnostic errors, errors of omission, and failure to follow guidelines are counted, it would add 230,000 more.

The most telling data about this incidence is Mayo Clinic’s reports showing just how many common medical treatments are not helping patients. One of the studies that tested an existing standard of care shows that 40 percent overturned the practice, compared to a mere 38 percent confirming it. The
remaining 22 percent were unsettled. This means that tragically anywhere between 40 and 78 percent of the medical testing, medications, treatments and procedures have no benefit or are actually harmful to patients.

Find an experienced lawyer to receive the right legal assistance if you are filing for a wrongful death lawsuit.

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