Nashua Wrongful Death Lawyer
Wrongful Death Lawyer Nashua, NH
There are limitless ways that someone may pass away wrongfully due to the negligence of another, and it may warrant contacting a Nashua, NH wrongful death lawyer for help. One of the most common ways that wrongful death occurs is by the hands of medical professionals. The team at Welts, White, & Fontaine, P.C. has seen the way that family members suffer greatly due to a relative taken before their natural time. Mistakes made by doctors result in a significant number of adverse patient outcomes every year. If you think you may have grounds to file a wrongful death case, please reach out to us immediately. Most wrongful death cases that entail medical malpractice fall under the following categories.
Misdiagnosis involves diagnosing patients with conditions they do not have or failing to diagnose an existing problem. Patients must prove that a misdiagnosis by a doctor with whom they have a professional relationship caused harm and that another doctor within the same specialty could provide a correct diagnosis within a reasonable amount of time. Errors involving diagnosis can have devastating consequences for patients and can lead to:
- Treatment delays
- Unnecessary treatment
- Permanent disability
Failure To Treat
Failure to treat can take many forms and involves a medical professional not taking appropriate steps to treat, diagnose, or follow-up with a patient. For example, disregarding symptoms, misinterpreting test results, or not conducting a proper examination could result in a patient not receiving timely or adequate treatment. As a result, patients can experience worsening symptoms or other adverse consequences, including death; therefore, a successful malpractice claim requires patients or their families to prove that appropriate treatment would lead to a better outcome.
Surgical errors that have adverse or lasting effects on a patient qualify as medical malpractice. Although surgical errors should not happen, patients can claim medical malpractice only when they lead to harm. As a Nashua wrongful death lawyer explains, errors can occur in a hospital or an out-patient setting and may involve:
- A medical professional leaving an instrument or supply inside the patient
- A surgeon operating on the wrong body part
- A surgeon operating on the wrong patient
- Medical professionals who fail to provide appropriate after-surgery follow-up
- Medical staff who fail to follow necessary pre-surgery protocols
Prescription Drug Errors
Prescription drugs can happen in various ways. For instance, a doctor may prescribe an incorrect dosage of a drug or fail to review a patient’s medical history and prescribe medications that negatively interact with the drugs a patient is already taking. Doctors who prescribe medications for the wrong condition may also be guilty of medical malpractice if a patient experiences an adverse reaction or passes away.
Birth-related injuries comprise a significant number of medical malpractice claims. Examples involve failure to detect a mother’s medical condition that could affect the fetus or lead to a miscarriage. In addition, failure to detect problems with the developing fetus or during the birthing process could cause long-term consequences for the health of the mother and child.
The Legal Implications And Remedies Of Wrongful Death
If you desire to understand the concept of wrongful death, its legal implications, and the remedies available to survivors, it would be advantageous to contact a Nashua, NH wrongful death lawyer at Welts, White, & Fontaine, P.C. Wrongful death is a legal concept that arises when a person dies due to the negligent or intentional actions of another individual, entity, or organization. This tragic event not only shatters the lives of the deceased person’s family and loved ones but also raises complex legal issues.
Defining Wrongful Death
Wrongful death is a civil lawsuit that seeks to hold responsible parties accountable for causing the death of another person. These cases often arise from a wide range of situations, including car accidents, medical malpractice, workplace accidents, defective products, and even criminal acts like murder. To establish a wrongful death claim, several key elements must be present:
- Duty of Care: The responsible party must have owed a duty of care to the deceased. For instance, drivers have a duty to follow traffic laws and exercise caution on the road.
- Breach of Duty: It must be proven that the responsible party breached their duty of care, either through negligence or intentional misconduct.
- Causation: The breach of duty must be directly linked to the death of the individual.
- Damages: Surviving family members must demonstrate that they have suffered monetary or emotional damages due to the death.
Who Can Bring A Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit typically rests with the deceased person’s immediate family members, such as spouses, children, and parents. In some cases, other dependents or individuals who can prove financial dependence on the deceased may also be eligible to file a claim. The specifics of who can bring a lawsuit vary by jurisdiction, so consulting with a Nashua wrongful death lawyer is crucial in such cases.
Wrongful death lawsuits are civil cases, which means that they are separate from any criminal charges that may be filed against the responsible party. While criminal charges focus on punishment, wrongful death claims aim to provide compensation to the survivors. The burden of proof in a wrongful death case is also lower than in criminal cases. In criminal trials, guilt must be proven beyond a reasonable doubt, while in civil cases, the standard is typically a preponderance of the evidence, meaning that it is more likely than not that the defendant’s actions caused the death.
Remedies In Wrongful Death Cases
When a wrongful death lawsuit is successful, the court may order the responsible party to provide financial compensation to the survivors. The types of damages that may be awarded in these cases can vary but often include:
- Economic Damages: This includes compensation for the financial losses suffered by the survivors, such as medical expenses, funeral and burial costs, loss of income, and the value of services the deceased person provided.
- Non-Economic Damages: These damages are intended to compensate for the emotional and psychological pain and suffering experienced by the survivors due to the loss of their loved ones.
- Punitive Damages: In cases of extreme negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter similar behavior in the future.
- Loss of Consortium: Some jurisdictions allow surviving family members to seek compensation for the loss of companionship, support, and guidance they would have received from the deceased.
Wrongful death cases are among the most emotionally charged and legally complex areas of civil law. While no amount of money can truly compensate for the loss of a loved one, these lawsuits aim to provide survivors with financial support and hold those responsible for the death accountable for their actions. If you believe you have a wrongful death claim, it is essential to consult with an experienced Nashua wrongful death lawyer at Welts, White, & Fontaine, P.C. who can guide you through the legal process and help you seek justice for your loved one.
Contact a Lawyer Today
You want to trust that everyday people and medical professionals alike are going to take care of others, but that often isn’t the case. Too many people go about their lives without regard for the well-being of those around them, and tragedy can ensue because of it. When that trust gets broken, it warrants reaching out to a Nashua wrongful death lawyer for assistance. If you are a surviving loved one of someone taken too soon by someone else’s fault, contact our team at Welts, White, & Fontaine, P.C. right away.