Maryland Wrongful Death Lawyers
The loss of a loved one is very hard to bear, but it becomes severely painful and almost unbearable when the death is caused due to the negligence of a medical professional.
You put your loved one under the care of a team of medical experts, and when you have reason to believe that the death was caused by their negligence, the thought is painful. You have every right to take the responsible individual to court if you want justice.
But for that, you need sufficient evidence and knowledge of the law to prepare, file, and win a case.
What Is Wrongful Death as Defined by Law?
According to the law, under many circumstances, a wrongful death case (and what is known as a survival action) can be filed if the death of a patient is the result of misconduct or negligence on the part of medical professionals from whom the patient was seeking treatment. In some cases, construction accidents or the use of defective products, which lead to death, can also lead to the filing of a wrongful death and/or survival cases.
A case can be filed under the medical malpractice section if the medical professional:
- Is found to be negligent of his/her duties
- Failed to follow standard care procedures in accordance with standard medical practices
- And the failure to follow the standard of care lead to the death of a patient
A case can also be filed if any medical professional or staff member engages in malpractice or negligence in the emergency room. If the hospital staff perform a surgical procedure with errors, misdiagnose a certain medical condition, or just discharge a patient prematurely, in some instances a case can be filed against them under the wrongful death case act.
Another example would be filing a case if a professional anesthetist delivers a fatal dosage of medication due to negligence.
Seeking Legal Help For Wrongful Death Cases
The question that most people ask when it comes to filing a legal case against someone whom they hold responsible for the death of a loved one is – do they need a lawyer’s help?
The answer would be a resounding yes, since most people have no idea of wrongful death and survival statutes and their different complexities under the law. The Wrongful Death action is actually brought on behalf of the family of the deceased for their own personal losses. The Survival action is brought on behalf of the deceased family member for his or her pain, suffering and other losses that occurred prior to death as a result of the negligence of the doctor.
If you are suffering because of the wrongful death of a loved one, let the attorneys at Altmark, Rotter & Trock, LLP take care of the proceedings. Please call us for a free consultation at (410) 783-9230, or toll-free outside of Baltimore at 1-(888) 966-5566.