How to Identify and Prove Medical Malpractice in a Wrongful Death Case
Losing a loved one is always devastating, but when that loss is due to someone else's mistake, the pain can be even more profound. Families left behind often seek answers, justice, and accountability. When medical malpractice leads to wrongful death, the law provides a path for surviving family members to seek compensation and hold medical professionals responsible.
Understanding what to look for and how to move forward can bring clarity during a deeply difficult time. At Stiberth, Scarlati & Boudreau, LLC, located in Chicago, Illinois, we can help protect your rights, gather the evidence you need, and pursue the compensation you deserve.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, leading to a patient’s injury or death. In wrongful death cases, the consequences are permanent and devastating, and proving malpractice requires specific evidence.
Illinois law defines wrongful death as a death caused by the "wrongful act, neglect, or default" of another party. If a doctor, nurse, or medical facility acts negligently and that negligence results in death, the surviving family members may have a claim.
Signs That Medical Malpractice May Have Occurred
Before taking legal action, it’s important to determine whether malpractice possibly occurred. Some cases are the tragic result of unavoidable medical complications, while others may stem from preventable errors. Some common signs that malpractice might have occurred include:
Unexpected complications or death: If a patient dies during a routine procedure or treatment with low risk, that may be a red flag.
Lack of informed consent: If your loved one didn’t receive full information about the risks of a procedure or medication, you might have grounds for a claim.
Failure to diagnose: Misdiagnosis or delayed diagnosis of serious conditions can be fatal.
Inconsistent or unclear explanations: If healthcare providers provide conflicting or vague explanations about what happened, it may indicate negligence.
Missing or altered medical records: If records appear incomplete, are missing, or have been altered, there may be cause for concern.
These warning signs don't guarantee that malpractice occurred. However, they can help point you in the right direction. If one or more of these situations apply to your case, you should consider speaking with an experienced medical malpractice attorney who can help you understand your options.
The Importance of Gathering Evidence to Support Your Case
Once you suspect medical malpractice, you will need to collect the right evidence. Illinois courts require strong proof to support a wrongful death claim. Some types of important evidence you should gather include the following.
Medical records: These documents provide a detailed history of the patient’s treatment and are essential in identifying what went wrong.
Autopsy reports: An autopsy can confirm the exact cause of death and help determine if malpractice played a role.
Expert medical testimony: Medical experts can compare the care provided to accepted medical standards and explain how it fell short of these standards.
Witness statements: Nurses, staff, or others present at the time of treatment may provide helpful information.
Communication records: Emails, texts, or voicemails from medical staff can sometimes reveal errors or omissions.
Gathering this type of evidence early is crucial. It creates a solid foundation for your case and provides your personal injury attorney with the tools they need to move forward. Reach out to our experienced personal injury attorneys for more information.
How to Prove Medical Negligence
To win a wrongful death case based on medical malpractice, you need to prove four key elements. These legal requirements are essential to hold a healthcare provider accountable.
Duty of care: You must prove that the medical provider had a legal obligation to treat the patient in accordance with accepted standards.
Breach of duty: You must prove that the provider failed to meet that responsibility, either through action or inaction.
Causation: You must prove that the provider’s breach directly caused or significantly contributed to the patient’s death.
Damages: You must prove that the surviving family has suffered measurable losses because of the death, such as loss of companionship, income, and funeral costs.
Proving each of these points with clear, credible evidence is key to a successful personal injury claim. Work with your attorney to gather clear evidence of each to help build a strong case.
How to File a Wrongful Death Lawsuit in Illinois
Once you've gathered evidence and established malpractice, the deceased's personal representative, as outlined in their will or estate plan, will need to file a wrongful death lawsuit. Illinois has specific rules regarding who can file and the time frame for action.
Statute of limitations: In most cases, you must file the lawsuit within two years of the date of death.
Eligible plaintiffs: The claim is typically filed by the personal representative of the deceased’s estate, often a spouse, parent, or adult child.
Potential damages: Illinois law allows recovery for medical bills, funeral expenses, lost income, loss of consortium, and emotional suffering.
Following these guidelines is essential to keep your case on track. A personal injury attorney can help make sure no deadlines are missed and that your case is properly filed.
When Should You Speak with a Personal Injury Lawyer?
If you believe your loved one died because of medical malpractice, don’t wait too long to get help. Consulting with a personal injury lawyer early can provide you with a clearer understanding of your rights and options. Some of the ways an attorney can help include:
Evaluating your claim: An attorney can help you determine whether malpractice likely occurred and if your case is worth pursuing.
Explaining next steps: An attorney can help you understand the legal process of filing a claim in Illinois, which can help reduce stress.
Taking immediate action: Some evidence can be lost or destroyed if not collected quickly. An attorney can help you gather evidence quickly and protect it.
Talking with a personal injury attorney sooner rather than later can protect your legal rights and start the process of seeking justice for your loved one.
Frequently Asked Questions
It's normal to have many questions when dealing with a wrongful death claim involving medical malpractice. Below, we provide answers to some of the most frequently asked questions we encounter about medical malpractice that leads to wrongful death.
Can I File a Wrongful Death Lawsuit on My Own?
While it's legally possible, it's not recommended. These cases require professional testimony, detailed records, and legal strategy. An experienced personal injury attorney often brings years of knowledge and skill, which can give you a significant advantage in legal proceedings.
How Long Does a Wrongful Death Lawsuit Take?
Timelines can vary, but these cases often take several months to a few years. Several factors can influence the timeline, including the court's schedule and whether a settlement is reached or the case proceeds to trial.
What Compensation Can I Receive in a Wrongful Death Case?
As the personal representative for the deceased, you may be entitled to compensation for medical bills, funeral costs, lost income, and emotional pain. A personal injury attorney can help calculate a fair and complete value.
Reach Out to a Personal Injury Attorney
Medical malpractice in wrongful death cases is heartbreaking and can leave families feeling lost and overwhelmed. But with the right information and support, you can pursue justice for your loved one. Identifying the signs of malpractice, gathering strong evidence, and following the proper legal steps are all key parts of the process.
Located in Elgin, Illinois, we serve clients in Chicago, Illinois, and throughout Cook County and Collar County. Get in touch with us Stiberth, Scarlati & Boudreau, LLC today to schedule a free initial consultation.