Can You Sue a Doctor for Wrongful Death?
Losing a loved one is a tragedy that no family should ever have to endure. This is especially true when a loved one’s death results from a mistake in a doctor’s office or hospital. Sadly, deaths caused by medical errors are far too common, and far too many families find themselves needing to speak with a lawyer about filing a wrongful death claim against a doctor or medical facility.
If you are wondering, “Can I sue a doctor for wrongful death?” The answer is, “Yes.” Just like anyone else, doctors and hospitals can—and should—be held accountable when they make fatal mistakes. But, pursuing a wrongful death claim is a complicated legal process with several steps. To protect your family’s legal rights, it will be important for you to speak with a lawyer as soon as possible.
Our Providence Wrongful Death Lawyers Are Here to Help
At Mandell, Boisclair & Mandell, we understand how the shock and grief of losing a loved one in an accident can make it difficult to focus on the next steps—but those next steps are essential for securing the compensation your family needs to face an uncertain future. We have close to five decades of experience representing families dealing with medically related wrongful death in Providence and throughout Rhode Island. We are here to stand by your family’s side, hold the responsible parties accountable, and fight for the justice you deserve.
Call us at 401-273-8330 to schedule a FREE consultation with one of our Providence wrongful death attorneys today. We serve clients from all areas of Rhode Island and surrounding Massachusetts communities.
When Can You Sue a Doctor and a Hospital for Wrongful Death?
Suing a doctor and hospital for wrongful death in Rhode Island requires evidence of medical malpractice. Just because a loved one died while under a doctor’s care does not necessarily mean that the doctor (or medical facility) is liable. Establishing liability requires evidence of a mistake, and this mistake must reflect a failure to meet the prevailing standard of care in the medical community.
Determining whether a fatal mistake constitutes medical malpractice requires a thorough analysis of the facts involved. When you speak with a wrongful death lawyer about your family’s legal rights, they will meticulously scrutinize the facts surrounding your loved one’s passing. If it appears that your loved one’s death was the result of medical malpractice, your lawyer will engage a medical expert to confirm the cause of death.
While every case requires careful analysis, certain types of medical mistakes are generally indicative of malpractice. Some examples of medical mistakes that may allow you to sue a doctor for wrongful death include:
- Anesthesia and medication errors
- Emergency room negligence
- Failure to timely diagnose cancer and other illnesses
- Labor and delivery errors
- Misdiagnosis of health conditions
- Neurological treatment errors
- Surgical errors
To find out if your family has a wrongful death claim involving medical malpractice in Rhode Island or Massachusetts, an investigation will need to take place. The wrongful death lawyers at Mandell, Boisclair & Mandell are personally invested in each case we take. Pouring over medical records—utilizing medical experts when needed—we will work to identify how harm was caused, where errors were made, and if you have cause to sue a doctor for your loved one’s death.
The lawyers at our firm have decades of experience handling wrongful death claims against doctors and hospitals. We understand the profound emotional and financial toll the premature death of a loved one can cause, even to financially secure families. During your free case review, we will carefully listen to your story, answer all of your questions, and provide more details on what the legal process might entail. We pride ourselves on offering personalized and compassionate guidance and will work to ensure you feel supported and heard throughout the legal process.
The Process of Suing a Doctor and/or Hospital for Wrongful Death in Rhode Island
As we mentioned above, suing a doctor and/or hospital for wrongful death is a process, and the first step in the process is hiring an experienced lawyer to represent your family. Once you engage a lawyer to pursue your family’s wrongful death claim, your lawyer will:
- Collect the Evidence Needed to Prove Your Family’s Wrongful Death Claim. Your lawyer will collect all the evidence needed to protect your family’s legal right to sue a doctor for wrongful death. This includes obtaining relevant records from your loved one’s healthcare providers on your family’s behalf.
- Calculate the Damages Your Family is Entitled to Recover. Your attorney will also analyze the financial compensation your family is entitled to recover. This includes compensation for your family’s financial costs, loss of future earnings and services, loss of companionship and consortium, and your loved one’s pain and suffering before death.
- Contact the Doctor’s (or Medical Facility’s) Insurer. Your lawyer will contact the doctor’s or medical facility’s medical malpractice insurer.
- Deal with the Insurance Company. Your attorney will deal with the insurance company to prove liability and work toward securing a favorable settlement. If the insurance company makes a settlement offer, your lawyer will help you decide whether to accept.
- Take Your Family’s Wrongful Death Claim to Court if Necessary. While many medical malpractice claims are settled, it is important to be prepared to go to court if necessary. If settling is not in your family’s best interests, your lawyer will fight to hold the insurance company liable at trial.
How Long Does it Take to Sue a Doctor for Wrongful Death?
The circumstances for each wrongful death that occurs due to medical malpractice are unique. This means that there is no easy answer to questions like, “How long does it take to resolve a wrongful death claim?” Broadly speaking, cases that settle during negotiations may be resolved within 12 to 36 months. Those that require a trial may take years to resolve.
There are nuances to every case that can cause variations within this general timeframe, extending or shortening the process. The best way to learn how long it may take to sue a doctor for wrongful death is through a private and confidential consultation with an experienced and knowledgeable attorney.
Who Can Sue a Doctor for Wrongful Death in Rhode Island?
In Rhode Island, medically-related wrongful death claims may be filed by an executor or administrator of the state. An executor is appointed if there is a will. An administrator is appointed if no will exists. It is this individual’s responsibility to manage the estate, including any damages obtained through a wrongful death claim.
Beneficiaries of wrongful death compensation in Rhode Island may include:
- Spouse
- Children
- Parents
- Grandparents
Other legal heirs, such as next of kin, may be awarded damages as well in cases where no other beneficiaries exist.
Our Providence wrongful death lawyers recognize that every family dynamic is unique. If you have been directly affected by the preventable death of a loved one, we will review your case for free to help you understand your options, your rights, and the best way to move forward.
Wrongful Death Damages
Damages awarded in wrongful death claims depend on the specifics of the case and the parties seeking compensation. However, damages that are commonly sought when you sue a doctor for wrongful death include:
- Pain and suffering
- End-of-life care expenses
- Funeral and burial expenses
- Lost income
- Loss of benefits (retirement, insurance, etc.)
- Loss of support
- Emotional suffering
- And more
When you lose a loved one to medical malpractice, the damages are not always immediately obvious. While things like medical expenses and funeral costs can come quickly, other losses—such as future income—may only become a problem as time progresses. These things, along with emotional duress and personal suffering, must be taken into account when determining what a wrongful death claim is worth.
Rhode Island enforces a minimum recovery of $350,000 for successful wrongful death claims. This does not mean that you are guaranteed compensation just for filing, but if your case is won, you will receive at least this much. During your complimentary case evaluation, we can discuss the Rhode Island wrongful death minimum recovery in more detail to help you understand what you may be owed.
Keep in mind that we work on a contingency basis. This means that we only get paid after we have secured a positive outcome. This is our simple No Fee Promise. If there is no recovery, there is no fee for our services.
Mandell, Boisclair & Mandell Will Fight for You
Mandell, Boisclair & Mandell has been assisting Providence families robbed of a loved one through medical malpractice for close to fifty years. Recognized as one of the Best Law Firms in America, our firm is built on a foundation of empathy, compassion, honesty, and an unwavering commitment to justice. When you need to sue a doctor for wrongful death, we are here to stand by your side, advocate fiercely on your behalf, and fight tirelessly for your family’s future.
Our attorneys have secured hundreds of millions of dollars in verdicts and settlements for individuals and families in Rhode Island and Massachusetts, taking only a limited number of cases to ensure each client receives personal and real attention. Respected by peers and praised by clients, our lawyers remain committed to helping families impacted by medical malpractice and wrongful death seek the fair and full compensation they deserve.
Should You Sue a Doctor for Wrongful Death? Contact Us for a FREE Case Review to Learn About Your Options and Rights
If you have lost a loved one due to medical malpractice, Mandell, Boisclair & Mandell can help you determine if you are entitled to sue a doctor for wrongful death. Contact us online or call our office today to schedule a FREE case review and learn how our wrongful death attorneys can help. Located in Providence, we proudly represent families throughout Rhode Island.
