Posted: February 4, 2017 | Last Updated: February 12, 2017
There is nothing more tragic than unexpectedly losing a loved one to another’s carelessness or negligence. When a person or company’s negligence causes someone’s death, a wrongful death lawsuit may be filed. This is also true for healthcare providers.
When a healthcare provider’s unreasonable error causes a patient’s death, the patient’s loved ones may bring a wrongful death claim. Wrongful death claims are common brought in connection with medical malpractice claims.
Both steps that are needed in a medical malpractice case (an unreasonable error and proof that the error caused harm) are also needed in a wrongful death claim. In a wrongful death claim, there must be evidence that the unreasonable error caused the death.
The purpose of a wrongful death claim is in some ways different than the purpose of a traditional medical malpractice claim. A medical malpractice claim is intended to compensate the injured patient for the harms and losses the patient experienced, like medical expenses, loss of enjoyment of life, and physical and mental pain and suffering.
In Ohio, a wrongful death claim is brought exclusively for the benefit of the surviving family members to provide compensation for their own injuries. The types of compensable injuries that family members can recover include funeral and burial expenses, lost income that the loved one would have provided, the mental anguish experienced because of the loss, and the loss of the relationship itself, including lost opportunities for future enjoyment together.
The first thing to do is complete the contact form at the bottom of this page. That way, you can put in details that we can review before we schedule a phone call.
You can also call us at 216-777-8856 if you prefer.
You will likely not speak to us immediately, but will schedule a phone or in-person meeting. Why? Because we’re busy working on the important cases other families have entrusted to us. Just like we would not constantly take phone calls when we’re entrusted to work on your case.
You should also gather all the records and papers you have from the medical providers, go back and look for dates, names, and events that happened, and otherwise prepare to discuss the case. We’ll have a meeting and, if it seems like a case we’d be a good fit for, we’ll move into an investigation phase.
Once we’ve investigated, we’ll candidly tell you what we think about what happened, whether the medical provider is to blame, and what we think about the strength of the case.
Fair warning: we only take on clients whose cases we believe have very strong merits. We’re not lazy—the cases are still very complex, difficult, and expensive—but the risk to your family of being drawn into a difficult process with little chance of a positive outcome is not something we do.
Which means when we do take on a case, our reputation tells the other side this is a serious case we believe in.
If for whatever reason we do not take on the case, and we think there is some merit to the case, we’ll try and help you find a lawyer who might take it on.