It is never easy to lose a loved one. However, when the loss is the result of medical malpractice, the family’s pain is compounded by the knowledge that everything could have been avoided. Through a wrongful death lawsuit, survivors can find a sense of closure and also help offset financial losses.
In Oklahoma, the closest living relative to the deceased should file the lawsuit and also be the executor or administrator of the estate. This person may be a parent, child or spouse, depending on the circumstances. Whoever the person is, it’s important that surviving family members agree who should represent the family in the case. If there is a dispute, the court may have to appoint a representative.
Liability can be held by both doctors and hospitals. Who will be held responsible very much depends upon the specific situation. The amount of damages could cover everything from lost employment benefits and earnings to funeral expenses and medical bills. The plaintiffs may also claim damages for loss of companionship and emotional suffering due to grief. In cases where the deceased provided financial support for surviving family members, they may also be awarded damages to offset expected contributions to retirement or college funds, for example.
A medical malpractice lawsuit can be complicated. It might include several defendants and rely on complex medical testimony. Family members who have lost someone due to medical malpractice can bring their questions to an attorney with a background and experience with wrongful death lawsuits. The attorney can review the case and discuss potential options with family members.