COMPensation for wrongful Death
The death of a partner or family member can be emotionally and psychologically devastating. It can also present the added burden of financial hardship. If you believe the actions or negligence of a hospital, the medical staff or a practitioner has resulted in the person’s premature death; you may be entitled to compensation.
If you need to speak to a wrongful death lawyer, call Carbone Lawyers today.
What is medically negligent death?
A claim for death due to medical negligence must prove that the care or treatment they received was below Australia’s accepted standard of practice. Common examples include:
- misdiagnosis of a condition or illness
- failure to diagnose any condition or illness
- surgical errors that result in death
- emergency attention or treatment, which is incorrect
- negligent post-operative care.
It’s important to note that Medical Negligence claims for death against a hospital can be more complex than injury claims. Talk to the team at Carbone Lawyers today. In addition to being experienced hospital negligence lawyers, they will treat your case with sensitivity and compassion.
Making a Claim
There are two types of claims for compensation for wrongful death that Carbone Lawyers’ hospital malpractice lawyers will be able to assist you with.
Dependency Claim
This can be made by the deceased’s partner/spouse or child because they relied on them for financial and non-financial support.
Financial support includes household expenses, school fees, bills, mortgage repayments, and other monetary obligations. Non-financial support might include domestic chores, child care, cooking, and other non-monetary contributions
Psychological Injury / Shock Claim
A family member who suffers mental harm as a result of the untimely death of the person may claim compensation to cover the cost of:
- Medical care
- Financial loss
- Pain and suffering
- Loss of enjoyment of life.
Whether your claim relates to a psychological injury or a loss of dependency, the compensation can cover past, present and future expenses and losses, including:
- Costs for the treatment of psychological harm, e.g. consultation and medication
- Loss of earnings and earning capacity
- Loss of financial support by the person who died
- Loss of services provided by the person who died
- Funeral expenses
- In addition to pain and suffering damages.
Our expert medical and hospital negligence lawyers at Carbone Lawyers will be able to advise you on your legal options.
Wrongful Death FAQs
How can I prove that a death was due to medical negligence?
Proving wrongful death involves demonstrating that the healthcare provider had a duty of care for the deceased, that their actions or inaction directly caused the death, that the deceased would not have otherwise died under the circumstances, and that a peer in their profession would reasonably be expected to have practised differently. This means if a loved one was misdiagnosed, but the diagnosis was reasonable based on the evidence at the time or if an error occurs in surgery that doesn’t cause additional harm and is unrelated to their death, it’s unlikely that any claim would be successful for their death.
What compensation is available for wrongful death claims?
Compensation for medical negligence death claims will depend on whether the claim is for dependency or psychological injury and the extent of your damages. This may include funeral expenses, subsidisation or replacement for loss of financial support, pain and suffering, loss of earnings, costs of treatment for psychological harm, and more.
Who can file a wrongful death claim?
Medical negligence wrongful death claims differ slightly from other medical injury claims in that the victim most physically harmed by the negligence isn’t able to claim themselves. In these instances, you may be able to claim if you or your children were dependent on the person who died from negligent care and/or if you’ve suffered psychological injury from their wrongful death beyond any grieving or distress you would have experienced had the negligence not occurred. Start a free claim assessment to learn whether you may have a valid wrongful death claim.
How long do you have to pursue a claim for medical negligence causing death?
As with other medical negligence cases, claims for medical negligence causing death must typically (for a legally competent adult) be made within three years of the time that the negligence is or should have been discovered. For children and people living with disability in Victoria, this limit is usually extended to six years from the time of discovery or when the negligence should have been discovered. We understand that this can be an extremely difficult time, but it’s important to act as quickly as possible to have the best chance at a successful outcome, speak to one of the empathetic experts at Carbone Lawyers today to get started.
What if your loved one was already pursuing a medical negligence claim before dying?
Some unfortunate patients may be victims of multiple instances of negligence or die as a result of medical negligence they were already in the process of claiming compensation for. If your loved one has passed while pursuing a medical negligence claim, their estate may still be entitled to compensation. The estate may be able to claim losses related to your loved one’s funeral expenses, medical expenses and lost earnings, in addition to any care and assistance provided to your loved one before their passing, depending on the details of their case. For more information on continuing their claim, speak to Carbone Lawyers for a free assessment of their case.
Can you claim for nervous shock after a loved one’s death?
‘Nervous Shock’ is a psychiatric illness or injury inflicted by the negligent or intentional actions or omissions of another, often through witnessing a traumatic event. If you have suffered mentally from the unexpected death of a loved one caused by medical negligence, you may be able to make a nervous shock claim.
Grieving is a normal response to the death of a loved one, for a successful nervous shock claim you must show at a minimum that:
- The death was caused by medical negligence or malpractice
- You received psychological harm from the death
- You’ve incurred demonstrable damages from this harm (such as the cost of treatment for post-traumatic stress disorder you developed witnessing their death).
