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wrongful death claims

Types of Medical Wrongful Death Claims

Wrongful death lawsuits are filed when a person is killed through the negligent or intentionally wrongful conduct of another. One area where these legal claims are commonly made is in the medical profession.

Julie’s jaw had been causing her pain. A dentist looked at it and found a problem with a joint. She was sent to an oral surgeon who suggested outpatient surgery could take care of the problem. Two weeks later she was sitting in the operating chair. He put her under and started the surgery. She turned out to be allergic to the anesthesia and suffered anaphylactic shock and suffocated when her air passage closed off. This is a prime case for a wrongful death action, one in which a jury will determine if the surgeon had a duty to ask about any allergies she may have had and whether he breached that duty. It is a classic medical malpractice wrongful death case, but there are other types as well.

Medical malpractice is by far the most common claim made when it comes to wrongful death. While medical errors usually form the basis of the claim, there is a second area that is also hotly contested. These lawsuits are based on the claim that the physician in question failed to properly diagnose an illness or condition that led to the death of the patient in question. This usually occurs when a patient goes to see a doctor complaining of some pain or discomfort. The doctor then has a duty to perform certain tests depending upon the patient’s complaints. Should the doctor fail to perform the test or misinterpret the results, and the patient die, a wrongful death action can be brought. The lawsuit is then brought by the heirs and beneficiaries of the victim.

Medical cases make up a large percentage of wrongful death cases, but they certainly are not the only area where such claims arise. Any situation where a person is killed by negligent or intentional conduct is ripe for such a claim.

About the Author

Thomas Ajava is with JacksonWrongfulDeathAttorney.com – your online resource for finding a Jackson wrongful death attorney to handle your case.

Legal questions about collecting on our daughter’s estate for wrongful death .?

We settle out of court for my daughter’s estate (Indiana) We were only awarded her funeral costs and layers fees($17000). We let them make payments to us in what they wanted it to offer. It has gone through the courts. Now we get a legal bill after everything for the lawyer trying to collect the money and put a process to collect on them for $860 and maybe more. since this is a seperate issue, can we take them to small claims to colect that. Would we have a chance to win?
I think we let them off easy and let them decide their payments and now we have topay to collect it?
It was a wrongful death for serving her underage at a bar which had no insurance and the bartender had no liscense to sell.
She had a .19 in 4 hours and should have never left the bar, even if she was of age.(all of this has been proven.)
21 hours ago – 3 days left to answer.
Additional Details
21 hours ago

Sue the bar and bartender. If you have documented proof of them selling to underage people you they will settle out of court because they haven’t got a chance.

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