My Spouse Died During Surgery, Can I Get Compensation For Emotional Distress?

Wrongful death during surgery is something that happens more frequently than hospitals want to admit. If your spouse dies during surgery, you may have a case for wrongful death. If you win the case or it is settled prior to a court trial, you could be compensated for emotional distress.

In this Litigation Guide article we will help you find a litigation attorney to help you gain compensation you might deserve.

Wrongful Death Lawsuits When a Loved One Dies in Surgery

The basis for any compensation from emotional distress will be the winning of a wrongful death lawsuit. To win such a suit, you will need to demonstrate negligence on the part of the doctor, anesthesiologist, nurses, the hospital or a pharmacist. In other words, your medical malpractice attorney will need to show where an error or errors occurred that led to the death of your loved one.

If the surgery was risky and your spouse agreed to the risks, you might not have a wrongful death lawsuit. If the surgery was performed exactly as it should have been – in the preoperative phase, the surgery itself and in the postoperative phase, proving wrongful death will be difficult. Without proving wrongful death, you won’t be able to prove that your emotional distress was the result of negligence.

However, just because a surgery is deemed risky and your spouse signed off on it, that alone doesn’t mean that mistakes weren’t made. Medical personnel may have made mistakes that would have harmed anyone even during surgery considered relatively safe and routine.

Being Compensated for Emotional Distress when a Spouse Dies in Surgery

Talk with a personal injury attorney about the facts of the case. Experienced malpractice lawyers will review all of the medical records. If a lawsuit is filed, the malpractice lawyer will depose medical doctors and staff in an effort to uncover the facts of what happened.

The malpractice attorney might also have a medical expert review all of the documents to help identify exactly where medical mistakes were committed.

If the case is strong for wrongful death, your malpractice attorneys would confront attorneys for the medical personnel with their facts. If the case is solid, the defendants’ attorneys might offer a settlement. If the case is not as clear, the case might proceed to trial.

If it is determined that your spouse’s death was the result of medical malpractice, part of any settlement or court judgment certainly could include damages for you for emotional distress. The best thing to do is to discuss your case with a qualified medical malpractice attorney who can evaluate the strength of your case and file a lawsuit on behalf of you and your spouse.