Our loved ones, often family members and spouses, are the most important people in our lives, and losing someone to death, disease, or accident is always a very painful and trying experience. What can be even more painful and confusing is when someone you love dies due the act or omission of someone, such as their medical provider, who was supposed to be helping them. If that is the case with your situation, you may have the ability to file a claim for what is called “wrongful death.”
Wrongful death claims, particularly those dealing with issues related to medical maltreatment or malpractice, can be very complex and will require extensive research, the collection of documents and records, and an understanding of medical procedures and duties owed to patients. Further, as with any legal issue, whether or not you actually have a legal claim depends on the specific facts of each unique situation. Speaking with a knowledgeable attorney, such as can be provided by Rankin & Rankin Law Firm, can help you and others affected by such a tragedy determine how best to proceed.
The following is a brief overview of some important issues to help you determine if you have a potential wrongful death case due to the loss of a loved one who was mistreated at a hospital. For further and more specific inquiry into the facts of your situation, you should contact us for a free case evaluation.
In order to potentially prevail in a civil action where a wrongful act by a hospital has caused the death of a loved one, the death must have been caused by the “wrongful act, neglect or default” of the hospital, or medical provider. This, basically, means that the hospital or its employees did something they shouldn’t have (a wrongful act) or that they failed to do something they had a duty to do (neglect or default). Further, the law requires that the act or failure to act which caused the death be of the type that, if the deceased had not passed, they would have been able to bring on their own behalf in a personal injury claim. We can help you to determine if the facts of your unfortunate situation fit those requirements.
What is Your Relationship to Your Loved One?
Wrongful death claims can only be brought by, or in the name of, certain people and only for the benefit of those who have a certain, specific relationship to the deceased individual. For instance, the following is a list of those who can benefit from a wrongful death claim:
- Wife or husband and child or children of the deceased person
- Parent or parents of the deceased person (if deceased had no spouse and children)
- Heirs at law of the deceased person (if none of the above individuals exist)
Contact Us Today!
If you’ve lost a loved one and believe that it may have been due the act or omission of someone you trusted to take care of them, such as a hospital, you should contact us at Rankin & Rankin immediately so that we can put our knowledge and experience in this area to work for you. As with all legal matters, time is often of the essence and, for wrongful death cases in particular, a lawsuit must be filed within three years. So don’t hesitate and schedule your FREE CASE EVALUATION by calling 843-248-2405 or by filling out the form below.
Rankin and Rankin Law Firm is located in Conway, South Carolina and serves the entire Lowcountry area including Horry County, Myrtle Beach, Georgetown, Charleston, and Hilton Head, SC.