Healthcare professionals have a duty to exercise reasonable care and avoid causing patient deaths. Yet according to Johns Hopkins Medicine, medical errors are the third leading cause of fatality in the United States, responsible for 10 percent of all deaths.
Medical mistakes can cause deaths in numerous ways. For example, failure to diagnose a disease can cause a person to die unnecessarily, or a surgical error can result in death.
For those whose loved ones pass away because of medical blunders, the pain of knowing that the people and organizations responsible for the death could have prevented it is devastating. Their loved one may have gone in for a routine procedure and put their trust in a medical professional to keep them safe, and they said goodbye to their loved one without knowing that it would be the last time.
In addition to the emotional toll of losing a loved one, family members dependent on the deceased’s income can also suffer financial hardships. As deaths due to medical malpractice can happen unexpectedly, families may be unprepared to handle the financial toll.
If your loved one has passed away because of medical malpractice, you may wonder if you can bring a lawsuit against those responsible for the incident and recover compensation. In West Virginia, your loved one’s personal representative may pursue a wrongful death claim against the medical professional or organization at fault. While your loved one can no longer pursue a claim on their own, their personal representative can speak for them and seek justice on their behalf.
Medical Malpractice Death Attorneys
At Salango Law, PLLC, our dedicated medical malpractice lawyers understand the pain of losing a loved one to medical negligence. Our legal team is proud to assist those who are responsible for administrating their loved one’s estates in pursuing compensation for a healthcare professional’s negligence. We help people navigate the complex legal process of securing payment in West Virginia. When you hire a Salango Law, PLLC, attorney, you can rest assured that a competent professional will oversee every step of the case, from gathering evidence to writing legal arguments and representing your loved one’s interests in court. We help people pursue justice for those no longer with us because of a medical professional’s carelessness.
If a medical error killed your loved one, consider reaching out to us to learn more about how we can help. Salango Law, PLLC, can help you recover compensation for your loved one’s death at the hands of a careless medical provider. Please call our Charleston wrongful death lawyers at 304-342-0512 for a free consultation about your case.
Can I Sue The Doctor Responsible For My Loved One’s Death?
If medical malpractice has ended your loved one’s life, West Virginia law permits your loved one’s estate to recover compensation. Although your loved one has passed away, West Virginia law allows the executor of their estate or their personal representative to pursue a claim for them for the benefit of their family and heirs.
Unlike other states, which allow family members of deceased people to bring wrongful death actions against those answerable for the death, West Virginia restricts the power to sue to the estate’s personal representative.
What Is A Personal Representative?
In West Virginia, the probate court appoints a personal representative, or executor, to manage a person’s estate following their death. When people write wills, they often nominate someone to act as the personal representative or executor. For instance, a parent might select a trusted child to serve as the estate executor and ensure that the estate distribution goes according to the parent’s wishes. While the probate court considers and often appoints those the decedent has nominated, it reserves the final authority to select the executor.
Sometimes, people die without valid wills. In other cases, the nominated executor declines to fulfill the role. When this happens, the court seeks an individual to serve as a personal representative. The court considers anyone interested in the estate, such as heirs and beneficiaries. Yet the court may designate anyone it sees fit, as it has broad discretion.
While the estate administrator is in charge of carrying out the decedent’s wishes, the responsibility is even greater for those whose loved ones passed because of medical malpractice. Since West Virginia law does not allow other family members to assert wrongful death claims, it is up to the personal representative to sue a medical professional or organization if the decedent passed due to medical malpractice.
If you are the personal representative of your loved one’s estate, you may feel the weight of this responsibility. You may want to take action to secure justice for your loved one, yourself, and your family, but you may need assistance to know what steps to take. Navigating the legal process can be challenging. Salango Law, PLLC can help. Our attorneys know how to go after the doctors, nurses, and hospitals whose carelessness caused deaths.
How Can Family Members Help With The Case?
While the personal representative must be the one to take legal action, other family members can support the case. Indeed, they may be able to provide valuable testimony, particularly if they attended doctor’s appointments with their deceased loved one and observed incidences of misconduct by a doctor, nurse, or another healthcare worker.
Who Receives Damages Under West Virginia Law?
Personal representatives are responsible for bringing wrongful death lawsuits to support their loved ones. While other family members lack the standing to make wrongful death claims, the family can receive compensation if the lawsuit results in a favorable settlement or verdict.
Those who can receive money in a wrongful death case in West Virginia include the deceased’s surviving spouse, children, stepchildren, adopted children, parents, and siblings, and those family members the victim of medical malpractice supported financially.
Why Contact A Charleston Medical Malpractice Death Law Firm
When a medical professional makes a mistake and causes a person’s health to worsen, the individual can typically bring a Charleston medical malpractice claim against the person or organization responsible for the error. When the victim dies due to the medical worker’s carelessness, their estate representative can bring a claim to recover compensation.
If you are the representative of someone who died due to medical malpractice, contact Salango Law, PLLC. Our legal team can guide you through seeking compensation for those your loved one left behind. With a strong understanding of the medical and legal systems, we strive to hold physicians and hospitals accountable for the deaths they cause.
A Salango Law, PLLC lawyer can advocate for your family if your loved one died because of medical malpractice. Call our office at 304-342-0512, and take the first step toward justice today.