When a health care provider has caused their patient to die, all of the surviving heirs of the patient can bring a wrongful death law suit. Not only do Medical Malpractice and tort reform laws apply to the case, (including a cap of $250,000 on non- economic damages), but also wrongful death laws. Most importanly, the heirs must prove that to a reasonable medical certainty that the medical malpractice was a substantial factor in causing the death of the patient. This often requires the use of an expert witness, or multiple expert witnesses to testify to the applicable medical standards, and to the the medical evidence causation of the damages.
The heirs have to prove they lost some "care, comfort, and society" that they enjoyed receiving from the deceased, and would have continued had they not been a vicitm of the negigence. If the patient was chronically ill, or estranged from the heirs, it may be hard to prove damages rise to the level of paying for the costs of the neccessary expert witnesses to support the professional negigligence that is alleged. This is a diffcult area of law, and I advise getting an expienced attorney to take on this kind of case.
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