While they’re never what anyone wants and can be very difficult, wrongful death cases will happen and may come with some sticking points. This can be particularly true when dealing a medical wrongful death – essentially, proving that a family member died due to medical malpractice.

At the law offices of John D. Halepaska, while we know this can be a troublesome period, we’re here to help. We can help you navigate the difficult process of proving medical malpractice, helping you and your family get the just compensation you’re due. Here are some basics on why medical malpractice can be tough to prove, plus the proof thresholds to win a civil medical malpractice case.

The Basics

In the simplest terms possible, the requirement for proving medical malpractice is as follows: You have to be able to prove that the deceased patient had a good chance of surviving their issue if not for the service provided by the medical provider. If you are not able to, the courts will generally tend to side with medical providers and determine that it was not their fault.

Excluding Alternative Causes

Consider a basic example: A patient has a life-threatening condition or disease, one that requires surgery to keep them alive. But even after successful surgery, they could still be at a far greater risk of death due to this condition – which again, was already present before the medical provider became involved.

If the patient in this case were to die during surgery, even if there was a specific surgical error involved, it’s unlikely medical malpractice could be proven. This is because it’s hard to prove that the death was directly due to the doctor’s error rather than the disease in the first place.

Essentially, to prove fault in these cases, you have to show two things:

  • Medical malpractice caused the death, or at least pain and suffering during their life.
  • The resulting damages hit a certain minimum threshold (including medical bills, emotional pain, loss of financial support and other areas)

Being Property Represented

To ensure there are no hiccups in this process, you need to be well represented by an experienced attorney like John D. Halepaska. Just like a personal injury attorney or civil rights lawyer, this person can walk you through what can be a complex process and help you get the compensation you and your family deserve.

For more on proving medical malpractice, or to learn about any of our personal injury, product liability or civil rights law services, contact the offices of John D. Halepaska today.

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