Undergoing any kind of medical procedure is risky, and life-threatening complications can arise for a variety of reasons. When hospital patients develop complications, it does not necessarily mean that the healthcare providers were negligent; however, if their providers failed to address the complications in a timely manner, they may be liable for any damages that result.
The Louisiana Record reports on one such case involving both medical malpractice and wrongful death. According to the report, a family is pursuing damages after their loved one died from complications following a medical procedure.
After performing a laparoscopic radical prostatectomy on the victim, doctors inserted a drain at the surgery site and then removed it the following day before releasing the man. Doctors readmitted the man one day later when he returned complaining of pain and nausea.
Surgeons performed an emergency exploratory laparotomy and sent the patient to the ICU, where doctors identified hemorrhaging. The victim allegedly lost consciousness after the procedure, and two days later, he died from cardiopulmonary failure.
The victim's family is alleging that hospital staff failed to provide reasonable care that might have saved the patient, failed to monitor the patient properly, and failed to follow the standard of care throughout his procedures.
If you recently lost a loved one and you think medical negligence is to blame, a medical malpractice attorney from The Bowling Law Firm can help you determine the best way to proceed. Call 877-757-3539 to schedule a consultation with a wrongful death lawyer in New Orleans.
How Often Does Medical Malpractice Lead to Wrongful Death?
According to Pro Publica, medical malpractice is the third leading cause of death in this country, and hospital errors cause 210,000 to 440,000 deaths annually. Losing a loved one to a preventable accident is devastating, and family members have the right to pursue compensation from the liable parties.
Every state has its own laws regulating wrongful death claims. In Louisiana, for example, only certain relatives of the deceased can file a claim. These relatives include:
● The surviving spouse or children of the deceased;
● The surviving parents of the deceased;
● The surviving siblings of the deceased; or
● The surviving grandparents of the deceased.
The above family members are eligible to file a wrongful death claim if they are related to the deceased by blood, marriage, or adoption. If there are no surviving relatives, the deceased's estate representative may pursue a claim.
You can pursue both non-economic and economic damages in a wrongful death case. Examples of economic damages are funeral expenses, medical bills, and lost benefits and wages. Non-economic damages might include loss of care, loss of companionship, and pain and suffering.
If you lost a loved one to medical malpractice, you have just one year to file a claim. Turn to a New Orleans wrongful death lawyer from The Bowling Law Firm to determine if you have a valid case before proceeding. Call 877-757-3539 to schedule a consultation with a medical malpractice attorney in Louisiana.