At Nagel Rice, LLP, we understand the profound impact of losing a loved one due to medical malpractice. Along with the grief of losing a family member, our clients often feel betrayed by an individual and/or profession in which they put their trust. They require more than strong legal representation; they need personalized attention and moral support. Fortunately, our skilled, compassionate attorneys are here to provide both.
Our personal injury law practice has spent over four decades fighting for the rights of medical malpractice and wrongful death victims, all the more distressing when the two intersect in one fatality. We have an impressive track record of successful outcomes throughout New Jersey, having secured over $1 billion for our clients through negotiated settlements and positive verdicts.
Because we work on a contingency basis, we will evaluate your case at no cost and you will be charged no attorneys’ fees until we recover damages. Contact us today to begin the process of filing a wrongful death claim and moving closer to receiving the justice you and your family deserve.
How Medical Malpractice and Wrongful Death Are Defined
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, leading to patient injury or death. Wrongful death in the context of medical malpractice refers to a situation in which a patient dies as a direct result of medical negligence. This can stem from errors in diagnosis, treatment, aftercare, or health management.
The 4 Elements Necessary To Prove Medical Malpractice
To establish a medical malpractice claim, our sharp attorneys must prove four critical elements:
Duty of Care: We must show that the healthcare provider owed a duty of care to the deceased, i.e. that the offending party was treating the patient medically at the time of the incident.
Breach of Duty: We must demonstrate that the healthcare provider breached that duty of care by failing to adhere to the accepted standard of care in the medical community.
Causation: We must prove a direct connection between the breach of duty (act of negligence) and the wrongful death.
Damages: We must show that the wrongful death resulted in quantifiable damages, for example, medical and funeral costs and or lost financial support.
Our lawyers are well-practiced in proving these elements during out-of-court negotiations or at trial using a combination of innovative and tried-and-true strategies to your advantage.
Types of Medical Malpractice That Can Result in Wrongful Death
Several types of medical malpractice can lead to wrongful death, including:
- Misdiagnosis or delayed diagnosis too late to save the patient’s life.
- Failure to refer to a specialist for a second opinion.
- Surgical errors, such as operating on the wrong organ or severing a vital artery.
- Medication errors, e.g. prescribing the wrong medication or incorrect dosage, administering a medication improperly, or administering a medication to which the patient has a known allergy.
- Incorrect administration of anesthesia resulting in a fatal overdose.
- Nursing care negligence or abuse in a fatal systemic infection, a deadly fall or fatal dehydration.
- Birth injuries that result in the death of the newborn or the mother.
- Failure to treat promptly led to worsening conditions and death.
- Inadequate sterilization of surfaces or equipment that led to a fatal infection.
- Emergency room mistakes.
Services Nagel Rice Provides To Help Win Your Case
Once you become our client, we will do whatever it takes to bring you meaningful compensation for your terrible loss. Your cause will become our cause as we:
- Thoroughly investigate by examining all medical records, interviewing witnesses, and seeking evidence of any previous misconduct on the part of the defendant (s).
- Determine liability that may be attributed to individuals or entities (e.g. hospitals, surgical centers, nursing homes).
- File claims against defendants in a timely fashion.
- Consult with medical/pharmaceutical experts whose testimony will bolster your case.
- Negotiate settlements outside the courtroom if possible.
- Represent you vigorously at trial if necessary to bring you maximum compensation.
Damages Nagel Rice Will Fight To Recover
Clearly, no amount of money can compensate for the loss of a loved one. However, securing damages can provide financial stability and a sense of justice to your grieving family. Our medical malpractice/wrongful death attorneys will work tirelessly to bring you the funds you need to cover:
- Medical expenses incurred due to the malpractice that led to your loved one’s death
- Pain and suffering of the deceased before death
- Funeral and burial/cremation expenses
- Loss of financial support the deceased would have been provided had they lived
- Loss of companionship, guidance, and/or emotional support
Contact Our New Jersey Wrongful Death Due to Medical Malpractice Attorneys Today
If you have suffered the tragic loss of a loved one to wrongful death as a result of medical malpractice, you are no doubt overwhelmed by logistical matters as well as emotional pain. Although our attorneys cannot change the past, we will do all we can to provide you and your family with a brighter, more secure future. Contact us today so we can take over some of the tasks that seem monumental and give you the space and time you need to heal.