Losing a loved one is one of the most devastating experiences one can ever face. This pain multiplies when you know that their death was caused by errors or negligent acts conducted by a medical professional.
Los Angeles is one of the prime cities in the United States. The unique cultural, economic, and commercial environment attracts people to this city every year. With over 3 million residents and over 80 hospitals, the chances of medical errors are not small.
However, this does not mean that the victim’s families are helpless; they can file a claim to get compensation for their loved one’s wrongful death due to medical malpractice in Los Angeles. Talking to a wrongful death lawyer as soon as possible allows them to gather more resources to prove fault and get fair compensation.
This blog lists a few things victims need to do to win a wrongful death medical malpractice case.
Establishment of Duty of Care in Healthcare
The primary focus is on how healthcare provides the standard of care and support. The lack of focus and care in healthcare should be noticeable. After that, you should obtain and submit the evidence that the healthcare provider and professionals violated a standard of care, such as appropriate tests, made a precise diagnosis, and administered appropriate treatment, as determined by the medical community at large.
This evidence could be easily obtained from the social media reviews and testimonials.
Proving Breach of Duty of Care by the Healthcare Provider
Another thing to prove is a breach of duty of care by the healthcare provider. You must establish that they deviated and violated the necessities to provide for your loved one who has died.
You will need to expose that the healthcare professional’s actions were not satisfactory to meet the requirements of the duty of care. Some examples of violations of the duty of care include:
- Failing to diagnose a patient’s illness on time.
- Prescribing the wrong medication without proper analysis.
- Executing operations on the wrong body part.
- Leaving surgical equipment inside a patient’s body
- Not providing an adequate patient-centric approach and care
Harms Caused by the Violation
After the exposure of the breach, your experienced wrongful death lawyer helps you by proving the defendant’s breach of the duty of care that led to your family member’s death. In a wrongful death claim involving medical error, a lawyer could expose that the failure to diagnose your relative’s condition led to a delay in care.
Proving injuries requires demonstrating that if it weren’t for the healthcare provider’s negligence, you would not have been injured. This failure to obtain timely and appropriate care led to their death.
Proving Damages Caused by Medical Error
Next, you must prove the damages that resulted from the violation of the duty of care. For the victim to have a substantial claim for damages in most cases related to personal injury, the victim must have been affected by mental, physical, or financial harm.
If you found that your relatives used their income to settle the healthcare bills, you can get your compensation. Recovering medical bills and funeral expenses for family members can be most helpful in further processing the compensation.
You may receive a financial settlement for the loss of a loved one, including affection, support, and companionship.
You Must Quantify Your Injuries as Damages
At last, to obtain damages from a court in a case for wrongful death due to medical malpractice, you must be able to quantify your injuries, whether physical or emotional, that resulted from the medical error. Damages refer to the financial compensation that you are receiving because of your injuries.
This means that you must submit the evidence to the court of what your injuries cost you both financially and emotionally. This can include proof of lost wages, medical bills, and pain and suffering.
