Wrongful death lawsuits are generally based on a legal concept called “negligence.” That is, it must be shown that you lost a family member due to another person or party’s negligence.
In order to prove wrongful death based on negligence, it is necessary to show:
The other person owed the deceased person a duty of care;
They failed to follow that duty of care; and
The failure to follow the duty of care caused the person’s death.
For instance, in a medical misdiagnosis case, doctors owe their patients a duty of care to ensure that they make the proper diagnosis for disease at the proper time. If they fail to follow proper diagnosing protocols and guidelines, and such failure results in the patient’s death, they may be held liable for wrongful death.
Proving that someone is liable for another’s death is a complex undertaking, and usually involves a close examination of medical records, hospital logs, training certifications, and other documents. The assistance of a wrongful death lawyer in such situations is crucial, as they will know how to formulate a proper negligence argument.