CAN I SUE A PHYSICIAN FOR MEDICAL MALPRACTICE IF MY LOVED ONE DIES AS A RESULT OF THE DOCTOR’S NEGLIGENCE?
Yes. Under the Illinois Wrongful Death Act, the beneficiaries of a deceased person’s estate can maintain a cause of action for their loved one’s death. Beneficiaries can recover for loss of financial support, grief, loss of companionship, loss of affection, and the overall loss of a loved one’s presence in their lives. These damages compensate both the monetary injuries caused by the passing of an individual that was supporting their children, grand-children, etc., and also compensates the devastating effects that losing a mother, father, brother, sister, or child far too soon have upon a family.
The ideology behind wrongful death damages is two-fold. First, allowing these claims recognize the tremendous grief and hardship that the untimely passing of a loved one puts on that individual’s family. Second, disallowing these claims would lead to a situation where it would be better for a negligent party to kill an injured victim as opposed to severely injuring that person. It does not take a lawyer to see the tremendous injustice in this scenario.
Medical malpractice claims against physicians require skilled legal representation to prepare and prevail upon. Medical experts must be enlisted to review a patient’s chart and determine if mistakes were made in their care and treatment. A host of common defenses (i.e. known risk of the procedure, blame the injured patient, bad outcome but no negligence) must be foreseen and overcome. Finally, a patient must be able to substantiate the effects of the malpractice in terms of their pain, suffering, loss of normal life, and loss of income damages.
At Ryan, Ryan & Viglione, we offer free patient chart reviews by a former registered nurse as the first step to determining whether you or a loved one has a viable medical malpractice claim. This expert knowledge also allows us to foresee and debunk defenses to your claim immediately, while also proving up your full measure of damages.
Take the first step to preserving your rights or those of a loved one by contacting us today.
