How to File a Wrongful Death Lawsuit for Malpractice
When a family loses a loved one, everyone suffers. If the death was sudden and unexpected, the survivors may experience shock, as well as grief. And, if the deceased was the primary wage earner, the family may be thrown into financial turmoil. But what if the death was caused by negligence on the part of a doctor or nursing home? In that case, the family may file a wrongful death lawsuit against the facility or physician who was responsible.
Here is what you need to know about filing a wrongful death lawsuit in Illinois.
What Is a Wrongful Death?
When a victim dies because of another party’s negligence, Illinois law considers it a wrongful death. Doctors or other medical practitioners who make mistakes that cause injury or illness may be sued for medical malpractice. However, when such a mistake results in a patient’s death, there may be grounds for a wrongful death lawsuit.
Sometimes the doctor or medical care provider is also facing criminal charges related to their negligence. However, a wrongful death lawsuit is a civil procedure that is separate from any accompanying criminal charges. The two cases may have very different outcomes. For example, a family may win a large settlement in a wrongful death civil suit even though the doctor was exonerated in the criminal case.
Wrongful death or malpractice death lawsuits can be filed against:
- Physicians, including surgeons and anesthesiologists
- Nurses and other medical care providers
- Hospitals
- Nursing homes and/or staff members
- Assisted living facilities
- Rehabilitation centers
- Medical device manufacturers
Who May File a Wrongful Death Lawsuit?
Illinois law requires that the wrongful death lawsuit be filed by the personal representative of the deceased person’s estate. Often, the personal representative is a close relative of the deceased, such as a spouse, a parent of a deceased minor child or an adult child of the deceased.
If the victim died without designating a personal representative, the court may appoint one. This person will file the wrongful death lawsuit and also handle other matters relating to the estate.
The statute of limitations for personal injury cases in Illinois, which includes wrongful death lawsuits, is two years. However, there are exceptions for certain situations, such as when the deceased is a minor.
This is just one of many reasons why it’s important to consult a wrongful death lawyer before taking legal action.
Who Receives Damages in a Wrongful Death or Malpractice Death Lawsuit?
Immediate family members, such as a spouse or next of kin, are entitled to damages in a wrongful death lawsuit. If the victim was a child, damages are usually awarded to the parents. Damages are intended to compensate for the suffering experienced by the victim and the family. This includes economic damages such as lost income, and non-economic damages, such as pain and suffering.
Current Illinois law places no caps on damages for wrongful death cases.
What Are the Damages in a Wrongful Death Lawsuit?
Damages may include any or all of the following:
- Funeral expenses and burial services, including clergy fees
- Medical expenses for the cost of the victim’s care from the time the negligence occurred until death
- Pain and suffering of the deceased person prior to death
- Lost income, including benefits such as health insurance for the family
- Loss of consortium, which may include loss of intimate relations and companionship
- Grief or emotional angst experienced by the victim’s immediate family members
In addition, punitive damages may be awarded to punish the negligent party.
Wrongful death and medical malpractice laws are complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free, no-obligation consultation.
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