Medical Malpractice in Southern Illinois: Who Can Sue for Wrongful Death?

By March 6, 2014 Medical Malpractice

Patients who have suffered harm at the hands of a physician or other healthcare provider can file a lawsuit for personal injury. Unfortunately, in some cases, the medical mistakes result in the death of the patient. When this occurs, the doctor or hospital does not just escape liability for their errors because they killed the patient. Instead, family members of the deceased can file a wrongful death claim to recover damages.

In Southern Illinois, wrongful death claims often result in a significant amount of compensation being paid to the victim’s family members. Because a lot of money is at stake, it is important for those who have lost loved ones to consult with an experienced Southern Illinois medical malpractice lawyer. At Carey, Danis & Lowe, our caring and knowledgeable medical malpractice attorneys have handled many wrongful death claims. We can put our legal knowledge of these difficult cases to work for you, so call us today to learn how we can help.

Medical Malpractice in Southern Illinois

Who Can Sue for Wrongful Death?

In Southern Illinois, the spouse of a person who is killed by medical negligence can file a lawsuit.  Parents and children may also bring a wrongful death claim. This includes legitimate and illegitimate children; as well as natural or adopted children.

If there are no close family members that fit into one of the above classifications, then the brother or the sister of the person who was killed can also file a wrongful death claim provided they can establish their right to damages.  Nieces, nephews and other lineal descendants of the deceased’s siblings will also have the right to make a claim.

When Can You Sue for Wrongful Death?

Provided you are one of the family members that Southern Illinois law says is allowed to sue for wrongful death, you can make your claim as long as you can prove that the victim would have had the right to a medical malpractice case if he had lived and/or you can prove:

  • That the doctor or other healthcare provider offered unreasonably substandard care as compared with what a similarly qualified medical professional should have provided under the circumstances.
  • That the death occurred as a direct result of the negligent or substandard medical care.
  • That losses were suffered as a direct result of the death.

You can recover compensation for loss of companionship in a wrongful death claim. You may also be compensated for actual financial losses including funeral costs; medical bills that were incurred before death; and the lost income that the deceased will no longer make as a result of his untimely death.

A medical malpractice lawyer in Southern Illinois at Carey, Danis & Lowe can help family members to prove wrongful death claims so they can be compensated for the loss of their loved one. Give us a call or contact us online today to learn how we can help you.

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