Medical Malpractice and Wrongful Death in North Dakota
There are a number of different types of wrongful death cases in North Dakota. One kind of wrongful death that happens all too often is caused by medical malpractice. When a doctor or hospital’s negligence leads to the death of a loved one, you may be able to receive compensation in a wrongful death lawsuit. An attorney can help. Not all medical malpractice cases, though, allow you to recover damages for a wrongful death.
Understanding the nuances of medical malpractice and wrongful death in North Dakota requires legal expertise. A North Dakota medical malpractice attorney can review your case and discuss your options for pursuing damages after a wrongful death involving medical malpractice.How North Dakota Defines Wrongful Death
When a “wrongful act, neglect, or default” causes the death of another, it’s considered a wrongful death according to North Dakota Century Code section 32-21-01. Wrongful deaths are essentially personal injury cases in which the plaintiff is unable to pursue the claim for themself because of their death.
To protect the legal rights of both the deceased and their surviving family, someone else has to bring the claim to court on the deceased’s behalf. For a deeper explanation of wrongful death, talk to a wrongful death lawyer serving North Dakota as soon as possible.Who Can File a Wrongful Death Lawsuit in North Dakota?
A number of parties related to the decedent are allowed to file a wrongful death lawsuit in North Dakota, but North Dakota Century Code section 32-21-03 lists who can file and in what order they are allowed to file in, which you can see below:
- The decedent’s surviving spouse
- The decedent’s surviving children or child
- The surviving parent of the decedent
- The surviving grandparents of the decedent
- The representative of the decedent’s estate
- The person with primary physical custody of the decedent
Who can file on behalf of the decedent is allowed in the aforementioned order. For example, if the decedent has both a surviving spouse and a surviving parent, the surviving spouse is given first priority to file. North Dakota law also dictates that if someone entitled to bring action does not do so within 30 days of a demand from the next party in order, that next party in order is allowed to file. If you have questions about who can file in a wrongful death lawsuit, talk to a lawyer. North Dakota attorney James Shaw can help.What is Medical Malpractice?
Medical malpractice occurs when a medical professional or establishment performs their duties below a reasonable duty of care as compared to another competent medical professional or establishment if they were in the same situation. Medical malpractice can lead to serious injury or death.
The following are some examples of medical malpractice:
- Misdiagnosis or failure to diagnose
- Surgical error
- Improper medication
- Premature discharge
- Neglecting a patient’s medical history
- Mistake in giving anaesthesia
When medical malpractice leads to death, a plaintiff and their North Dakota medical malpractice attorney may be able to file a wrongful death claim in addition to their medical malpractice claim. This possibility does not apply to all cases. To know what makes sense for your case, contact an attorney.
Currently, there is a $500,000 cap on non-economic damages in medical malpractice cases in North Dakota. Non-economic damages are compensation for the types of suffering you endure that doesn’t have a dollar value attached to it, like pain and suffering, loss of enjoyment of life, and emotional distress.An Experienced Attorney Can Help Grieving Family Members Get the Compensation You Deserve
Wrongful death and medical malpractice cases can be difficult to pursue on your own. Working with an experienced lawyer can greatly improve your chances of winning the compensation you’re rightfully owed. North Dakota attorney James Shaw is a seasoned legal professional who has won countless medical malpractice and wrongful death cases. If you want justice for a lost loved one, you should work with a wrongful death lawyer serving North Dakota. Call today at 1-800-555-0101 for a free, no obligation consultation.