If you get injured wrongfully in Iowa while getting treatment, the injury may occur due to medical negligence or carelessness of a doctor. Doctors are highly professional in what they do, and filing a claim against them can be tricky as you may not be sure about the procedure. In worse cases, a health care professional’s negligence can lead to the death of your loved ones.
While no amount can cover your loved one’s death, filing for compensation will ease your financial burden.
To prove that your loved one suffered from wrongful death, you may have to prove that the doctor failed to maintain the standard of care, was negligent, etc. To get justice for your loss, you will have to prove that the death was due to the doctor’s negligence or a health care worker. Moreover, proceeding yourself can be difficult; you may need the help of a medical malpractice attorney. They are professionals in what they do, and they can help you build a strong argument.
How to prove wrongful death?
When filing a wrongful death lawsuit, you must prove four key elements.
- Duty of care.
Duty of care refers to acting responsibly and reasonably. For example, pilots owe a duty of care to their passengers and colleagues. Flying a plane under the influence can be dangerous, which may be considered a violation of the duty of care. In the same way, a doctor owes a duty of care to their patients. When you plan to file a wrongful death lawsuit, you must prove that the doctor had a duty of care towards your loved one.
- Violation of duty of care.
You will have to prove that the doctor violated the duty of care and was negligent. This part requires help from other medical experts who can explain the actual process and compare it with the mistakes of the accused doctor.
- Violation of duty of care caused the death.
Here, you have to prove that the death occurred due to a violation of the duty of care by the doctor. In some cases, a patient may die on the operating table without any violation by the doctor; in such cases, you may not be eligible for compensation. Therefore, to determine if the doctor and other practitioners are at-fault, you need help from experts.
- You suffered damage due to the death of your family member.
If the family member who died was the sole bread earner for the family or you were dependent on the person for your financial support, you can get compensation by filing for a wrongful death lawsuit.