When someone loses a loved one on the operating table, during their stay at a hospital, or under a doctor's care, it is heartbreaking. While some deaths occur due to natural causes, sometimes they are a direct result of medical malpractice.

We've all heard horror stories of the woman who died during a breast augmentation procedure, or the healthy baby that died at birth, or the man who had a brain aneurism but was diagnosed with a migraine at the ER and sent home.

These untimely deaths are not only tragic, but they never should have happened in the first place.

Filing a Wrongful Death Claim

When a patient dies because of a medical error, it is medical malpractice. In such cases, the victim's surviving family members may file a wrongful death lawsuit to recover damages. While the laws vary from state to state, the "parties of interest" in a wrongful death claim may include:

• The decedent's surviving spouse
• The decedent's biological and children
• The decedent's parents
• In some states domestic partners
• Anyone who was financially dependent on the decedent
• Some states allow more distant family members, such as siblings or grandparents

How much are medical malpractice cases worth? It depends because the damages available in medical malpractice cases vary from state to state. You will find that many states place a "cap" on the amount of damages that can be paid out in a medical malpractice case.

Statute of Limitations

A medical malpractice claim may involve a surgeon, an obstetrician, a dentist, an anesthesiologist, a primary care physician or even a specialist. In any case, each state imposes a "statute of limitations," a time limit for filing the claim.

Generally, medical malpractice cases must be filed within two years of the date of the misconduct, but some states only allow a year. To learn more about the laws in your state, reach out to a medical malpractice attorney today!