Wrongful Death

Wrongful death is the legal term for the death of an individual caused by the negligent actions of another person or company. A wrongful death claim or lawsuit is the resulting legal action taken by the deceased person’s spouse or next of kin. Virtually any type of injury or accident has the potential to become fatal, thus a wrongful death case could arise from any number of circumstances. Wrongful death cases involving medical malpractice are those in which a negligent doctor, hospital, or other healthcare professional caused the fatal injury or illness.

A 1999 study by the Institute of Medicine estimated that 48,000 to 98,000 hospital patients suffer preventable injuries and die as a result each year. More recent studies have put the number closer to 200,000 patient deaths per year. When a person’s death is caused by the negligent actions of a doctor, nurse or other healthcare professional, it is known in legal terms as a wrongful death.

Because the death of a loved one is a tremendous loss, the Illinois Wrongful Death Act was created to enable spouses and next of kin to recover damages, including:

• Loss of financial support (particularly important when the deceased was the primary wage earner);
• Loss of society (including loss of companionship, care and protection);
• Grief and sorrow;
• Mental suffering.

In order to successfully prove a wrongful death claim under the Illinois Wrongful Death Act, the surviving family member’s case must clearly establish negligence, showing the existence of the following four conditions:

• The negligent doctor or medical provider had a duty to the deceased;
• The negligent doctor or medical provider defendant breached that duty;
• The failure of the medical provider to uphold his or her duty caused the victim’s death;
• The victim’s death caused damage to the surviving spouse or next of kin.

Sometimes, family members are reluctant to bring a wrongful death suit because, unlike other medical malpractice claims, there is no recovery for the victim, and even the largest settlement won’t reverse the loss of a loved one. However, wrongful death claims can help those left behind by:

• Holding negligent medical providers responsible for their actions and, perhaps, preventing a negligent doctor from causing harm to another family (this is especially important, considering that studies show that less than 1 percent of the nation’s doctors face any serious state sanctions each year);

• Providing financial security by ensuring that you and your loved ones have the means to keep your home, pay for your children’s college education and meet other expenses that the deceased would have helped to finance.

If you have concerns about the medical care provided to a loved one, please contact Salvi, Schostok & Pritchard P.C. for a free, no-obligation consultation at 877.420.1269. Please keep in mind that there are strict deadlines for filing medical malpractice actions. The statute of limitations may be running on your claim, so time is of the essence.

A medical malpractice attorney with experience in wrongful death claims can help evaluate the circumstances of your loved one’s injury or illness. Your lawyer will work with accredited medical experts to evaluate whether healthcare standards were met, and assess what went wrong and why.

For more than two decades, the attorneys at Salvi, Schostok & Pritchard P.C. have represented medical malpractice victims in legal claims across Illinois, including but not limited to Chicago, Lake County, Cook County, Aurora, Rockford, Naperville, Joliet, Springfield, North Peoria, Peoria, Elgin, Waukegan, DuPage County, Will County, Kane County, Winnebago County, McHenry County, Madison County, and St. Clair County.