This is also true in cases where a loved one’s death occurred in other circumstances, such as a violent crime or medical negligence. When one files a wrongful death claim, the plaintiff must list damages when seeking restitution. Every state has its own guidelines regarding maximum compensation.
Wrongful death proceedings may or may not include a jury in a Pennsylvania courtroom. Either way, it is the judge overseeing the case who has the final say and may increase or reduce compensation for damages. The following list includes numerous issues that may influence the court’s decision:
Regarding the latter, evidence, including testimonies presented during wrongful death proceedings, often influences a judge’s decision. He or she may enlist an experienced economist to offer an accurate valuation of damages.
While it is always tragic to lose a loved one, to obtain the court’s favor in a wrongful death claim, certain elements must be demonstrated. If you’re a plaintiff in such a case, you must convince the court that the defendant owed a duty of care to your loved one and failed in that duty. You must also prove that this failure of duty was a direct cause of your family member’s death.
In Pennsylvania and throughout the country, there are resources available to assist families who are grieving the loss of a loved one due to a motor vehicle collision, violent crime or other incident. Such resources include licensed counselors who can assist in the grieving process, as well as legal teams who can represent plaintiffs in a wrongful death claim, which makes litigation a lot less stressful for families who have already been emotionally traumatized.
]]>The defendant in this case faces accusations of giving several patients an overdose of insulin. Sadly, two of the patients -- one, an 83-year-old man, the other, a 55-year-old man -- died of insulin overdose. Another patient, also an elderly man, ended up in an emergency room and survived the overdose.
One of the questions investigators want to answer in this case is why two of the three patients who overdosed had received insulin. Insulin is for people who have diabetes, which neither of the two patients had received a diagnosis for before receiving the drug. If you receive an incorrect diagnosis or someone gives you the wrong drug to treat your condition, this may be grounds for filing a medical malpractice claim if a medical professional’s negligence was a causal factor in injuries that occurred.
In addition to medication errors, numerous other issues are relevant to medical malpractice in Pennsylvania, such as surgical errors, patient neglect and failure to take appropriate action as needed, such as an obstetrician failing to order a C-section when the average OB would recognize the need. When you entrust your health to medical professionals, they must act in accordance with state laws and accepted industry standards for safety.
The Pennsylvania Attorney General’s office has alerted the public regarding the fatalities and severe injuries that allegedly occurred under the care of the nurse currently in jail. Anyone with concerns about care they received or a loved one received from her may call the number the AG provided as a tipline.
When you undergo surgery or receive medical care, there’s always a risk involved. Some issues are out of your doctor’s, nurse’s or hospital administrator’s control. However, many medical injuries are easily preventable and are the result of negligence. State law allows a recovering victim or immediate family member of a decedent to file a medical malpractice claim against any medical professional whose negligence resulted in injury or death.
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