Cleveland Wrongful Death Lawyers Take Legal Action Against Professionals Who Act Negligently
Professionals have a higher standard duty of care
Many lawsuits involving wrongful death are the result of professional negligence. The fact is that when a professional such as a doctor or a nurse is careless, death can result. When professional negligence causes death, the family of the person who died can pursue a wrongful death case. Doctors and hospitals typically refuse to provide family members with the medical records of the person who died, which makes investigating a potential lawsuit difficult. The only person entitled to obtain the records of someone who has died (the “decedent”) is the duly-appointed administrator or executor of the decedent’s estate.
When someone dies, it is critical to have a family member appointed to this position by the local probate court as soon as possible. Once an administrator (for a decedent who did not leave a Will) or an executor (for a decedent with a Will) has been appointed, that person can get the medical records. The Cleveland wrongful death attorneys at The Eisen Law Firm review all medical records, help you decide whether to take legal action and fight for maximum compensation. Wrongful death lawsuits help bring security and justice to the families that have suffered a tremendous loss.
Reviewing medical records to determine whether a wrongful death lawsuit is appropriate
If an analysis of the medical records suggests that the death was the result of professional negligence, the administrator or executor may file a wrongful death lawsuit. Although the suit is brought in the name of the appointed representative of the estate, it is brought on behalf of all of the decedent’s family members who have been injured by that person’s death.
Professional negligence cases that result in death can be very challenging and are best handled by attorneys who focus on professional negligence cases. The insurance companies that defend doctors and hospitals will hire medical experts to dispute the cause of death or to argue that even with proper care and treatment, the person would have died (or would not have lived much longer), anyway. Attorneys who do not regularly handle medical negligence cases can have a very hard time attacking these arguments and locating appropriate experts to counter these defenses.
Cleveland attorneys with decades of experience in reviewing medical records for evidence of wrongful death
Attorneys who are not experienced and adept at reviewing medical records often take at face value the conclusions on a death certificate or on an autopsy report. Such conclusions, however, are often flawed, either because they are based on incomplete data or because the conclusions do not really follow from the known data. It is therefore critical to have the medical records – including the death records – reviewed by an experienced medical negligence attorney.
At The Eisen Law Firm, we have vast experience in investigating and pursuing wrongful death cases that arise from professional negligence. We have successfully handled cases where we were required to dispute the cause of death as determined by the coroner or pathologist, and we have successfully handled cases where the cause of death was disputed by the defendant doctor or hospital. In one professional negligence case, that resulted in a confidential settlement, the Eisen Law firm was able to solve what the hospital called a “mystery death." A nurse’s lack of familiarity with a monitoring machine caused the death of a man.
We know how to examine and evaluate a wrongful death case, and we have access to preeminent experts, including forensic pathologists, to assist us in truly getting to the bottom of what caused a person to die. When the cause of death is medical or hospital negligence, we will zealously represent the family left behind. And if the case goes to court, we will make sure that the entire family’s grief and anguish is conveyed sincerely, poignantly, and tastefully to a jury.
Schedule a free consultation today with our Cleveland wrongful death attorneys to discuss your rights to compensation for professional negligence
Call the wrongful death attorneys today to get started on your wrongful death case. At The Eisen Law Firm, our attorneys have dedicated our careers to serving the families of victims that have been forced to endure a wrongful death tragedy of a loved one because of professional negligence. Schedule your free initial consultation by calling us today at 216-687-0900 or