How a Medical Malpractice Attorney Can Help You Pursue a Wrongful Death Claim

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Losing a loved one is always devastating, but the pain becomes even more unbearable when that death is caused by medical negligence. When healthcare professionals make mistakes, whether through errors in diagnosis, medication, or surgery, the consequences can be catastrophic. If you believe that a family member’s death was caused by medical malpractice, it’s important to understand your legal options. A medical malpractice attorney can help you pursue a wrongful death claim and hold the responsible parties accountable. In Shippensburg, Pennsylvania, if you’ve lost a loved one due to the negligence of a healthcare provider, Metzger Wickersham (MWKE) is here to guide you through the process of filing a wrongful death lawsuit. In this blog post, we will explain how a medical malpractice attorney can assist you in pursuing justice and compensation for your loss.

1. What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional fails to provide the standard of care that is expected in their field, and that failure leads to injury or death. Medical malpractice can take many forms, including:
  • Misdiagnosis: When a doctor fails to accurately diagnose a condition, it can delay treatment or lead to the wrong treatment, worsening the patient’s condition.
  • Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary procedures, can result in life-threatening complications or death.
  • Medication Errors: Administering the wrong medication, incorrect dosages, or failing to monitor the patient for side effects can lead to severe consequences.
  • Failure to Monitor: If healthcare professionals fail to properly monitor patients during treatment or recovery, it can lead to complications that result in death.
When medical malpractice leads to a death, surviving family members have the right to file a wrongful death claim against the responsible party or parties. A medical malpractice attorney in Shippensburg can help you understand if malpractice was the cause of death and guide you through the complex legal process.

2. The Role of a Medical Malpractice Attorney in a Wrongful Death Claim

A medical malpractice attorney plays a crucial role in helping you pursue a wrongful death lawsuit. The legal process can be overwhelming, especially during such an emotional time, and an attorney with experience in medical malpractice law can help you navigate the complexities. Here are the key ways a lawyer can assist you:

a) Investigating the Cause of Death

The first step in any wrongful death case is determining if medical malpractice was the cause of the death. Your attorney will conduct a thorough investigation to examine the circumstances surrounding your loved one’s death. This could include reviewing medical records, speaking with healthcare providers, consulting experts, and obtaining second opinions. An experienced medical malpractice attorney has the resources to conduct a thorough investigation and can consult with medical experts to determine whether negligence played a role.

b) Gathering Evidence

To successfully pursue a wrongful death claim, your attorney will need to gather solid evidence that shows how medical negligence contributed to the death. This evidence may include:
  • Medical records: Detailed records of your loved one’s care, treatment, and diagnosis.
  • Expert testimony: Expert medical witnesses who can testify that the healthcare provider’s actions deviated from the accepted standard of care.
  • Witness statements: Statements from other medical staff or witnesses who were involved in the care process.
A strong case requires the right evidence, and a medical malpractice attorney will ensure that all necessary information is collected and presented.

c) Calculating Damages

Once the cause of death and liability have been established, the next step is determining how much compensation the surviving family members are entitled to. This compensation may include:
  • Funeral expenses: The costs associated with your loved one’s funeral and burial.
  • Medical bills: Any medical expenses incurred before the death.
  • Lost income: If the deceased was the primary breadwinner, compensation may cover lost future income.
  • Pain and suffering: Non-economic damages for the emotional toll that the death has caused the family.
  • Loss of companionship: Compensation for the loss of emotional support and companionship from the deceased.
A medical malpractice attorney can help calculate the full extent of the damages to ensure that you are compensated fairly for your loss.

d) Negotiating with Insurance Companies

Insurance companies often try to settle claims quickly and for as little money as possible. Your attorney will handle negotiations with the insurance companies to ensure that they do not undervalue your claim. If the insurance companies are unwilling to offer a fair settlement, your attorney will be prepared to take the case to court.

e) Representing You in Court

If negotiations fail to result in a fair settlement, your medical malpractice attorney will take the case to trial. They will present your case to a judge and jury, presenting all the evidence and expert testimony to show that medical negligence was the cause of your loved one’s death.

3. Why You Need an Experienced Medical Malpractice Attorney

Medical malpractice claims are notoriously complex, requiring both legal and medical knowledge. It’s important to have an attorney who has experience in medical malpractice and wrongful death cases. In Shippensburg, Metzger Wickersham (MWKE) has years of experience handling medical malpractice claims, and their team understands the intricacies of healthcare laws, the standard of care, and how to hold negligent healthcare providers accountable. In wrongful death cases, you need an attorney who is not only skilled in navigating the legal system but also compassionate and understanding of the emotional toll the situation takes on you and your family. Metzger Wickersham provides personal and professional support throughout the entire legal process, ensuring you are informed and supported at every stage.

4. Take Action Now

Losing a loved one is one of the most difficult experiences anyone can face, and when their death is caused by medical negligence, it can feel even more tragic. However, you have the right to seek justice and compensation for your loss. A medical malpractice attorney can guide you through the complex legal process of filing a wrongful death claim, helping you obtain the compensation your family deserves. If you believe that your loved one’s death was caused by medical negligence, contact Metzger Wickersham (MWKE) today for a free consultation. Our experienced team is ready to help you seek justice and provide the support you need during this difficult time.