Fatal Accident Claims After Medical Negligence

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Medical negligence is a subject which refers to a situation when a health care provider fails to give a patient the proper medical care. It is not uncommon for malpractice to lead to patient deaths. According to a statistic released by the AMA in 2013, from 40 000 up to 80 000 patients die each ear due to medical errors. While most people believe that compensation claims can only be received by the injured, things are a little different. If a family member died because of a doctor’s negligence you might want to do some research about fatal accident claims.

  • Who can make the claim?

In most cases, the people who can make fatal accident claims are close relatives. They include but are not limited to: spouse or former spouse of the deceased, civil partner of the deceased, a dependent of the deceased (children being the most common dependents), a person who was living with the deceased for at least two years before the unfortunate event, a parent of the deceased or a person who was taken care of by the deceased. Whether or not you fit in any of the above categories, if you believe that you deserve financial compensation due to medical negligence you should contact a malpractice solicitor. It is also important to find the right solicitor, preferably one who specializes in your type of case; have a preliminary interview with various choices of solicitors, so you can find one who you’re comfortable with.

  • What can you claim?

Financial compensations are usually given depending on the circumstance. According to your situation and relation with the deceased, your medical negligence solicitor will tell you what claim is better suited for you. Fatal accident claims come in the following shapes: funeral costs, loss of financial dependency or dependency on services, bereavement award and loss of care and attention. The last two can only be claimed by a spouse or by a parent if the accident caused the death of a child under the age of 18.

  • Who will give you compensation?

According to the circumstances that led to the fatal accident you will send a written claim to the person or institution who you believe is responsible of negligence. Fatal medical accidents can happen from different reasons. Whether the equipment was faulty, someone mixed up the lab results or the health care provider failed to do his job according to the standard of care, as a family member you are entitled to financial compensation.

Dealing with medical negligence is very challenging. You need a lot of emotional strength in order to deal with the fact that the medical professionals that you trusted failed to do their jobs. Furthermore winning a fatal accident claim can take a long time and might be quite expensive. However, having a good medical negligence solicitor will help you fight for what you believe in.