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Wrongful Death Caused by Medical Negligence


If you have lost a loved one because of the negligence of a healthcare professional who was tasked with the care of your relative, you might have the opportunity to seek compensation in a wrongful death claim.

All too often, medical professionals make mistakes that cost family members and close friends their lives. Although we can’t prevent these mistakes from happening, we can take steps to hold these workers accountable for their actions so that, in the future, others can avoid being put through the same turmoil.

What Is Considered Negligence in the Medical Profession?

Before we explain what a negligent action by a medical professional is, it would be helpful for you to understand which medical professionals are capable of committing medical malpractice. Nearly anyone who has a responsibility to provide treatment or care to a patient can commit medical malpractice.

These parties might include surgeons, physicians, nurses, physician assistants, home health aides, certified nursing assistants, and anyone else who has medical education and is entrusted with the task of medical care.

When we refer to negligence in a medical malpractice case, we mean that the mistake the professional made was not one that another professional of the same experience, education, and training would have made.

When a mistake results in the death of a loved one, you can bring a wrongful death claim against the liable party—with the goal of recovering some of the financial and emotional damages you’ve suffered as result.

The Benefits in a Wrongful Death Lawsuit

Only certain surviving family members of the person who has passed away will be able to file a wrongful death lawsuit. The children and spouse of the decedent will have the first opportunity, followed by the parents, then siblings, and finally grandparents, should the decedent have no surviving relatives in that succession.

Unlike many other states, Louisiana allows for surviving family members to recover both economic and non-economic damages. In your wrongful death claim, you might be able to recover the following damages, depending on the circumstances:

  • Funeral and burial costs
  • Pain and suffering
  • Remaining medical bills
  • Loss of emotional support
  • Lost wages and future benefits
  • Loss of household services

Although the state allows for an extensive array of damages to be recovered, it’s important that we act quickly. The statute of limitations for wrongful death claims is only one year. While that may seem like plenty of time to gather supporting evidence and prepare you case, time can go by much more quickly than you’d imagine. Fortunately, a qualified lawyer can help you speed up the process.

Speak with a Baton Rouge Wrongful Death Lawyer

If you believe that the death of your relative was caused by the medical negligence of his or her doctor or other healthcare provider, get in touch with an experienced Baton Rouge wrongful death lawyer at Spencer Calahan Injury Lawyers. We can help you get justice and substantial compensation.

Contact our office at 225-387-2323 or fill out the quick contact form at the bottom of the page to schedule your free claim evaluation today.