What is Wrongful Death?

A wrongful death claim is a claim held in the civil court system in which one party attempts to place blame on another for the death of a person. The suits generally are raised by close relatives of a person who has passed away.

Standard of Proof
The standard of proof from a wrongful death suit is typically considered to be preponderance of the evidence. This means that in order for the defendant to be found guilty, the evidence must appear more that the person is guilty of causing the death as opposed to not causing the death. Effectively, if it appears that there is a greater than 50% chance that the defendant is guilty; the plaintiff will lose the suit. However, the dollar amount that the plaintiff is seeking may still not be assigned even if they win. The dollar amount granted will be assessed by the court.

Historical Cases
Since a wrongful death suit uses a preponderance of the evidence as standard of proof and the standard criminal process for manslaughter or murder requires the plaintiff to prove guilt beyond a reasonable doubt, it is possible that a defendant could be proved innocent by the criminal court, but guilty in the civil court. This is most evident in the OJ Simpson murder case when he was declared innocent in the criminal court system, but he was found liable in the civil court system when he was sued for wrongful death. Another example of a wrongful death suit is when the families of lung cancer victims attempted to sue companies in the tobacco industry.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorney Andrew M. Lamkin provides focused legal counsel within the area of wrongful death, and has provided this for informational purposes only.

The specifics of a medical malpractice case

There are many facets to a medical malpractice case that are important for victims of malpractice to know about. Around one percent of all people that go to the hospital are injured as a result of negligence on the part of medical professionals, and up to one-quarter of these individuals die as a result of their injuries. Negligence is defined as when a doctor or other professional fails to provide an adequate standard of care, and the burden of proof in these cases lies with the plaintiff to show that this negligence occurred. Medical malpractice cases attempt to compensate victims for medical expenses, ongoing costs for doctors' visits and medications, emotional or psychological damages, and lost wages that are the direct result of these injuries.

In order for a medical malpractice case to be a valid claim, several criteria must be established. First, it must be proven that a medical professional or institution, such as a hospital, owed a duty to the patient, that is, to be legally obligated to provide care. Second, this duty must have been breached by the provider not giving the patient an acceptable level of care. This may be proven by obvious injuries, or by expert testimony. The breach of duty must have been the cause of the injury in question, as well. Finally, the injury must have led to damages on the part of the victim, which may be either physical, emotional, or financial in nature.

Each state has a statute of limitations that set a time limit for when a medical malpractice suit must be filed following an injury. This time limit varies by state, so the best option for anyone that suspects they were injured as a result of professional negligence is to contact a medical malpractice lawyer immediately following the injury. This statute of limitations is usually part of a state's civil code, since criminal charges in malpractice cases are only filed when injuries result from "reckless and wanton conduct" on the part of a health care provider.

This article is intended to serve informational purposes only, and is not a substitute for legal advice. If you have been a victim of medical malpractice and wish to learn more about your rights and steps to take in a case, the best option is to meet with a medical malpractice lawyer for a free consultation.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Kenneth J Allen & Associates P.C. provides focused legal counsel and representation within the area of medical malpractice and has provided this for informational purposes only.