This blog recently discussed the elements of a wrongful death claim for damages. The surviving spouse and children of a woman recently brought a medical malpractice wrongful death claim for damages in Louisiana against a health care facility. The lawsuit asserts that the health care facility breached its standard of care when treating the woman.

According to the lawsuit, the woman visited the health care facility in the fall of 2013 because of a cyst above her right breast. Without explanation, a breast ultrasound was postponed by the nurse practitioner she visited at the health care facility and the woman was told to follow up 6 months later. The woman died in the winter of 2016 due to metastatic disease. The family is seeking $5 million in damages.

Medical malpractice claims can be brought against health care providers including doctors, nurses, hospitals and others in circumstances when victims have been harmed or killed because of substandard medical care. A wrongful death claim for damages for the wrongful death of a loved one can be brought for the benefit of surviving family members, such as spouses and children, to seek damages including medical and funeral expenses, loss of support and services and loss of companionship, among other damages depending on the circumstances and characteristics of the victim.

There can be a variety of legal complexities associated with bringing a claim for damages, including for wrongful death or medical malpractice, which can be technical in nature. Because of the significant impact of medical malpractice and the devastating loss of loved one, it is important that surviving family members are familiar with the legal protections available to them.

Source: Louisiana Record, “Woman’s relatives seek $5 million in damages over allegations of wrongful death,” Lhalie Castillo, April 26, 2017