Legal Guide

The Connection Between Wrongful Death & Medical Malpractice: Here’s Why You Need a Lawyer

Medical malpractice is a big issue in the United States, and much more common than many people realize. Roughly 10% of deaths occur as a result of medical malpractice, and it was the third leading cause of death in the country in 2016. All deaths that occurred as a result of medical malpractice could have been prevented if they’d received the proper treatment they’d needed. 

You should also consider the fact that there are many medical malpractice cases that go unreported. Statistics show that half of all doctors are involved in a medical malpractice lawsuit at least once throughout their career. If you have a loved one that has passed away during medical treatment, here’s what you need to know: 

High Number of Unreported Cases

According to Emerson Straw, a law firm that specializes in wrongful death cases, if you believe a loved one could have survived a condition or accident if they had better care, you should always research local legal services. This is even true in cases where you’re left to feel confused at what went wrong, or falsely believe the doctor won’t be held liable because of paperwork you’ve filled out. 

No matter what paperwork you’ve signed, there are many instances where malpractice lawsuits can circumvent them. Even if you’re unsure about whether you’ve got a strong case on your hands, the outreach is worth the effort. Many lawyers accept payment after the case is won, which can help relieve you financial obligations associated with your case. 

Missed & Misdiagnoses Are Medical Malpractice

One of the main reasons that strong medical malpractice go unreported because the victim’s family are unaware that mistakes during a diagnosis constitute as medical malpractice. For example, if a loved one were to have a stroke or heart attack, and a hospital turns you away or diagnoses the condition as something else, you could be on the winning end of a malpractice suit. In fact a missed or misdiagnosis is the most common type of malpractice, and unfortunately can lead to a wrongful death case. 

This is exactly what happened to one Florida man whose wife was diagnosed with cancer. After three months of consistent chemotherapy treatments, the woman passed away. An autopsy revealed that his never had cancer at all; she had a benign tumor on her thymus gland, and it was the treatments that ultimately led to her death. 

This misdiagnosis could have been prevented if the woman received treatment from a more competent doctor. Missed diagnoses occur when a doctor fails to notice an issue, and a patient doesn’t receive the help they need in time. 

Medication Responsibilities

Your loved ones doctor is responsible for providing the correct medication at the right dosage. If sudden symptoms and a death occured seemingly occur out of nowhere, it may be a result of improper medication. Every time a patient visits a doctor, that doctor is required to assess medical history before they prescribe any prescription drugs. 

In a haste to churn patients through the revolving door, it’s not uncommon for doctors to make a quick decision without taking the time to really assess what’s best. For example, a doctor may accidentally prescribe a medication that has an adverse reaction to other medications a patient is taking. Or, they might prescribe a dosage that’s way too high. Either way, they are held liable for any drug they administer. 


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