Filing a Medical Malpractice Lawsuit Through a Wrongful Death Attorney

by | Feb 23, 2016 | Lawyers

In Virginia, families begin a civil lawsuit when they have been cheated out of a loved one due to an avoidable fatality. These events could include a multitude of possibilities including medical malpractice. When a doctor fails to treat a patient at a high standard of care, the doctor fails to provide their duty to the patient as outlined in the law. A wrongful death attorney helps these families fight back against these injustices.

Defining the Medical Error
Medical malpractice could exist when a doctor performs a surgical procedure incorrectly. It could also exist when the doctor fails to diagnose a life-threatening condition at an earlier stage. These failures could contribute to the patient’s death if they are mismanaged. The first step of a wrongful death lawsuit against the doctor is to define the exact medical error that lead to the patient’s death.

Forensic Analysis and Testimony
Forensic analysis is performed to show the court the exact cause of death. The medical examiner performs an autopsy to evaluate any possible causes of death to eliminate any possibilities that could discredit the family’s claim. The medical examiner testifies in court to report their findings.

The examiner shows how the medical error contributed to the patient’s death. For example, if the patient died after a surgical procedure, the examiner shows how their injuries lead to their death. Additionally, a medical doctor who possesses the same credentials as the defendant must validate these findings based on their knowledge of the procedure. However, if the patient died due to a late diagnosis, the doctor must identify the conditions that could have prevented their death.

Proving the Accountability of the Doctor
The connection of credible evidence to the defendant proves accountability of the doctor. In a wrongful death case, the evidence must show that the doctor made the wrong choice. It should show that this wrong choice is why the victim is dead.

In Virginia, it is the family of medical malpractice victims who file a claim most often. The reason is that some patients don’t survive their injuries. Families who need to start a claim should hire at wrongful death attorney through Dulaney Lauer & Thomas LLP today.

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