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A medical malpractice wrongful death lawsuit has been settled in a way attorneys consider unusual. A Virginia family originally filed a $3 million wrongful death lawsuit in Roanoke Circuit Court, but before the jury could make a ruling, the family took the case to a county courthouse in a nearby Virginia nearby and filed a petition to approve a wrongful death settlement.
The reasons for the change of venue are unknown. The settlement petition did not include any details of the medical malpractice claims nor did it include the names of the physicians originally accused in the wrongful death lawsuit, indicating that the omission may have been a part of the settlement agreement.
The wrongful death lawsuit was filed on behalf of 68-year-old Glenn G. who died of lung cancer in 2011. His surviving widow and children claim the early stages of lung cancer should have been detected when he had chest x-rays performed in 2009 and 2010 at a Virginia hospital.
The medical malpractice wrongful death lawsuit alleges that when Glenn was scheduled for knee surgery, one of the pre-operative tests was a chest x-ray. The following year, Glenn decided to have surgery on his other knee and again a chest x-ray was also ordered. The surviving family members allege that both x-rays showed a suspicious mass in the victim’s lung, but neither the surgeon nor primary care doctor told Glenn or encouraged him to seek further treatment. The family claims early detection and treatment could have saved his life.
The plaintiffs settled quietly with the health care providers for a reported $1.3 million.
Wrongful Death Lawsuits Explained
Wrongful death lawsuits can be filed by family members after the death of a loved one if they can prove the death was caused by the negligent or deliberate behavior of someone else. In the United States, the surviving spouse and children of a victim can file a claim; in some states, wrongful death lawsuits can be filed by life partners, siblings and grandparents of the deceased. Wrongful death lawsuits can help families recover from an untimely loss by providing financial compensation for medical bills, loss of financial support, emotional distress, and other hardships.
The legal burden of proof in a wrongful death lawsuit is on family members; because they are also dealing with an overwhelming loss, many choose to hire a wrongful death attorney. Hiring someone to navigate the legal process can be beneficial to plaintiffs depending on the severity of pain and degree of intention in the case.
Wrongful death lawyers can help gather evidence on the behalf of their plaintiffs, including: medical and police reports, expert testimony, and physical evidence. They can also appear in court on behalf of the surviving family, file legal documents, determine financial/emotional damages, and determine if a case is past the statue of limitations for filing.
Besides medical malpractice, other wrongful death cases may include:
- Car accidents
- Medication errors
- Workplace accidents
- Drowning accidents
- Nursing home neglect/abuse
- Slip and fall accidents
- Defective products
Each wrongful death lawsuit is unique, but plaintiffs can generally seek damages for medical costs, loss of companionship, funeral and burial costs, loss of intimacy, and loss of expected income. There are statutes of limitation in all states that determine how long family members can wait to file a lawsuit after a wrongful death has occurred. Contact a wrongful death lawyer to fully understand your legal rights.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
