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Posted 10/15/2017

When Does Medical Malpractice Become Wrongful Death?

When Does Medical Malpractice Become Wrongful Death?

If your loved one died as a result of a medical professional’s negligence, you may be able to file a wrongful death claim to pursue compensation.

But a doctor simply making a mistake is not enough for a medical malpractice claim or wrongful death suit. You must be able to prove that the doctor’s negligent actions resulted in the death of your loved one. 

When a medical professional is careless and injures your loved one, it’s likely going to be considered medical malpractice. When your loved one dies as a result of the medical professional’s negligence, it becomes wrongful death.

The following are a few must-knows before you file a wrongful death claim for medical malpractice:


Who Can File?

In Louisiana, close family members of the deceased can file a claim. This includes the surviving spouse or children, but if there are no surviving spouses or children, then the parents may be able to file. If there are no surviving parents, then the siblings may be able to file, and so on. 

Even adopted and other family members may be able to file, as long as they meet certain requirements.


What Kind of Damages Could Be Awarded?

A successful wrongful death claim related to medical malpractice could win you compensation for the following damages:

  • Funeral and burial expenses

  • Medical bills and related costs

  • Lost wages your loved one would have earned

  • Value of lost household services

  • Pain and suffering

  • Loss of companionship, love, support, and guidance


How Long Do You Have to File?

In Louisiana, the statute of limitations for filing a wrongful death lawsuit is one year, starting the day of the deceased’s death. You must file within that time frame or your lawsuit will most likely be thrown out.


Work with a Wrongful Death Lawyer

If you have any further questions regarding your claim, contact Spencer Calahan Injury Lawyers by calling us at 225-387-2323.

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