What is a wrongful death lawsuit and how can it be used in a birth injury case?
A wrongful death lawsuit is a type of civil lawsuit that is filed when a person dies due to the negligent or intentional actions of another. In a birth injury case, the wrongful death lawsuit may be used to seek compensation for the family or other dependents of the deceased. The lawsuit is typically based on claims such as negligence, wrongful death, pain and suffering, medical expenses, loss of consortium (i.e. loss of companionship or support), and funeral expenses. Negligence is the legal basis for a wrongful death suit and it occurs when a person fails to make decisions or take actions which a reasonably prudent person would do in a similar situation. To support the wrongful death claim in a birth injury case, evidence must be presented to show that the doctor, hospital, or other health care provider failed to abide by the accepted standard of care for the birth. This can include evidence of the provider’s failure to obtain the necessary medical tests, use the correct instruments and procedures, or provide the required medical advice. For a successful wrongful death lawsuit, the plaintiff must demonstrate that the injury resulted in the death of the baby, and that the medical provider was negligent in their care. In Washington, the statute of limitations for a wrongful death lawsuit is three years from the date of the birth injury. Therefore, it is important to act quickly to file a claim if you believe that a birth injury was caused by medical negligence.
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