If you have lost your loved one as a consequence of medical negligence, then you can file a claim against those found guilty. Wrongful death happens when a patient is killed due to some form of negligence. In cases of medical malpractice, wrongful demises are most concerning since people are admitted for healing purposes. However, it is the primary cause of wrongful deaths, which surprises most people.
Who May Sue for Wrongful Death Due to Medical Malpractice in California?
The plaintiff party in a California wrongful death lawsuit has to be an heir of the deceased person. If the person was married, then his/her heirs will comprise spouse and kids. If the decedent were a kid though, then their father or mother would be the heir under the California law, followed by his/her siblings. For several wrongful death cases in the state, the heirs can be complex. However, the law dictates each heir be cited in the potential suit.
Types of Malpractice
Thousands of people die as a result of preventable negligence. Owing to underfunding, incompetent care, as well as the level of risk, people may die in any type of circumstances, like:
- Birth injuries
- Surgical errors
- Medication errors
- Failure to diagnose life-threatening ailments, or their misdiagnosis
- Anesthesia complications
- Emergency room negligence
- Bacterial infections
Oftentimes, a failure to competently handle patients by the medical professionals result in devastating repercussions.
Wrongful Death in Malpractice Claim Law
The state has taken certain steps to reduce the amount and period of time by which one may take legal action against medical malpractice. Even though it is ideal that you review them with a wrongful death attorney California, the most pertinent one is the statute of limitations.
Statute of Limitations
Medical malpractice claims in California has to be filed within thirty-six months of the injury date or within twelve months from the date since the claimant found out about the negligent act. With wrongful death, this time limit is almost always twelve months because it should have been found at the time of demise. However, certain exceptions are there. For minors, the time limit is thirty-six months, unless the kid is below six years of age. Here, he or she has until the 8th birthday to initiate medical malpractice claim.
The period following a wrongful death of a loved one can be extremely difficult for the decedent’s family members. However, try to speak to a lawyer about your rights right away so that you can bring the at-fault party to justice.