What Type of Case Can Be Brought After Someone Dies Following Medical Malpractice?

by Jeremy A. Gogel

The answer to this question depends entirely on whether the medical malpractice caused the individual’s death, or whether the death was a coincidence.

For instance, if someone goes in for a medical procedure and the doctor negligently slices open the individual’s aorta and he or she bleeds to death, that is a wrongful death case.  The reason being is that the negligent act (slicing open the aorta) and/or omission (failing to prevent the individual from bleeding out) directly led to the death of the patient.  Click here for more information about wrongful death.  If you believe a loved one was the victim of a medically related wrongful death, contact a St. Louis Wrongful Death Attorney immediately.  In Missouri, there is a 3 year statute of limitations in which to bring the case from the date of death.

On the other hand, if your doctor fails to diagnose someone with cancer or another potentially fatal disease, and the individual ultimately dies from that disease (even if he or she eventually gets treatment), that is a medical malpractice case.  In Missouri, that is known as a “Lost Chance of Survival or Recovery” case.  The reason is because the individual lost the chance to recover from the disease when the doctor negligently failed to diagnose it.  If a death occurs, the personal representative of the individual’s estate or a Plaintiff Ad Litem can bring a medical malpractice case against the medical professional.  Click here for more information about medical malpractice.  If you believe a loved one was the victim of a medically related wrongful death, contact a St. Louis Medical Malpractice Lawyer immediately.  In Missouri, there is a 2 year statute of limitations in which to bring the case from the date of the negligent act or omission, or the date the negligent act or omission could reasonably be discovered.  A death DOES NOT extend this deadline.

If you believe that you or a family member may have been a victim of medical malpractice resulting in serious injury, you should an experienced St. Louis Medical Malpractice Attorney as soon as possible.  Missouri and Illinois have short time periods (statutes of limitations) in which to file a case.  Therefore, it is important that you contact a St. Louis Medical Malpractice Lawyer for a consultation immediately.  The Gogel Law Firm’s Medical Malpractice Lawyer in St. Louis does not charge for an initial consultation, so you have nothing to lose by talking about your case.

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