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Jun 06 2025 Medical Malpractice

How to Tell if a Loved One’s Death Was Due to Medical Negligence

It can be difficult when a loved one passes away, but it can be especially unnerving when you have reason to believe they died due to the negligent actions of a doctor or other medical professional. Medical negligence is a civil wrong that occurs when a doctor or medical professional fails to adhere to the accepted standard of care, resulting in injury to the patient. In this article, we will explain the signs that medical malpractice may have occurred, what you can do if it did, and how an attorney can help you.

Determining Whether Your Loved One Died as a Result of Medical Malpractice

The steps professionals are required to take are known as the accepted standard of care. Negligence is often claimed in instances of misdiagnosis or failure to diagnose, surgical errors, medication mistakes, and inadequate patient monitoring.

What to Look For

A loved one’s sudden or unexpected death can be a surprise, and for many, can be the sign that a professional failed to take the steps that they should have under the circumstances. It is important to remember that sudden death is not, on its own, proof of medical negligence, but it can be one of many factors that help you come to that conclusion.

Misdiagnosis or Failure to Diagnose

Sometimes, a medical professional will either diagnose a patient with the wrong condition or they will fail to diagnose a condition a patient has. When this condition is a deadly condition, such as cancer or sepsis, failure to diagnose can lead to the death of the patient.

Surgical Errors

Errors that occur during a surgical procedure can cause irreparable damage and lead to the patient’s death. Common surgical errors that could lead to death include operating on the wrong body part or leaving surgical equipment in the body after surgery.

Medication Errors

Prescription errors and other medication mistakes can be deadly. Medication errors can involve administering the wrong medication, an incorrect dosage of the correct medication, or failing to check for the patient’s drug allergies.

Signs of Patient Neglect

Patients who die while in the care of a hospital or other medical facility are sometimes victims of medical malpractice. Patients who are victims of medical malpractice may die as a result of being left unattended. Patients who die as a result of medical malpractice may leave behind signs of medical neglect, such as bedsores, dehydration, and infections.

Steps to Take to Pursue a Claim

In order to pursue a medical negligence claim, there are some steps that you should take in order to pursue a claim.

Seek Out Additional Medical Information

If you believe that a medical professional was responsible for your loved one’s death, you should request their medical records. A doctor’s notes and the hospital’s medical records can sometimes be extremely telling. The records can tell you what tests were administered and when, what was prescribed, and if any of these things were left unaddressed. While this information is often incomplete, it can be very telling and helpful when it comes to pursuing a claim.

Retain the Services of an Independent Medical Expert

If you do believe your loved one died because of medical malpractice, you should retain the services of an independent medical expert. An independent medical professional will have no incentive to not provide you with an objective opinion of the events that led to your loved one’s death.

Analyze the Information You Have Received

You can try to figure out if your loved one was the victim of medical malpractice by analyzing the information you have received from your loved one’s doctor and from an independent medical expert. If you find that there is evidence that your loved one died because of a failure to follow the accepted standard of care, you may wish to contact a West Virginia medical malpractice attorney and pursue a claim.

Contacting a Medical Malpractice Attorney is Crucial

If you believe that a medical professional was responsible for your loved one’s death, you should contact an experienced West Virginia medical malpractice attorney. Attorneys are able to help you determine whether you have a valid claim.

The Role of an Attorney

There are many different aspects to a medical negligence claim. An attorney is able to help you with all aspects of a claim, including:

Case Evaluation

Determining whether you have a valid claim is no easy task. An experienced attorney is able to review the information you provide and determine whether you have a viable claim.

Evidence Gathering

Evidence is the cornerstone of any medical malpractice claim. Your attorney is able to help you gather evidence and provide you with advice on how to do so yourself.

Case Building

An experienced attorney is aware of what it takes to prove medical negligence in court and will work with you to ensure that you build a strong case.

Negotiation

The majority of medical negligence cases are settled out of court. An experienced attorney is able to negotiate a favorable settlement on your behalf.

Trial Representation

If you are unable to settle your claim, your attorney is able to represent you at trial.

Timing

Attorneys are able to ensure that you file your claim in time to preserve your right to sue.

Work With a Skilled Medical Malpractice Attorney in West Virginia Today

Determining whether your loved one died as a result of medical malpractice can be difficult. If you are suspicious that your loved one died due to medical malpractice, you should contact an experienced attorney in West Virginia as soon as possible. The earlier that an attorney is involved, the better. We will work with you to determine whether you have a valid claim and, if you do, will help you pursue the claim. Contact our office right away.