When a patient dies during surgery from a medical error or medical mistake, the surviving family members can file a Michigan wrongful death lawsuit. The medical malpractice lawyers at Buckfire & Buckfire, P.C. are actively filing lawsuits for victims’ families who died an unexpected death during surgery.
Death during a routine surgery or non-emergency surgery can happen, but often times it is the result of medical malpractice. The most common causes of unexpected death during surgery include:
- Anesthesia error
- Surgeon error in the performance of the surgery
- Cardiac arrest during surgery
- Failure to monitor patient’s vitals
- Uncontrolled bleeding
- Lack of oxygen during surgery
- Pulmonary embolism during surgery
A wrongful death lawsuit can be filed by relatives of the person killed in the accident. A probate estate must be opened and a personal represented, usually a family member, is appointed. After this is done, the personal representative can hire a lawyer to file the lawsuit.
In Michigan, this type of case is called a wrongful death case. The laws provide an order of priority and guidelines as to who can bring the lawsuit on behalf of the deceased person. Typically, a spouse, children, and parents of the decedent are given the priority and often agree with other on who will serve as the personal representative. If there is a dispute between family members on who will serve, the court will look to the statute and then other factors before deciding who to appoint in that role.
Under the Michigan Wrongful Death Act, certain family members can file a lawsuit seeking damages for the loss of another family member in a Michigan car accident. The family typically agrees on a personal representative who acts on behalf of the family and brings the lawsuit.
Yes, if you were disabled from work due to the accident. Under the Michigan No-Fault laws, you are entitled to receive 85% of your pay during your period of disability, up to three years after the accident.
This is called a Wrongful Death Case and can be brought by the personal representative of the estate, usually a family member. The claim can be made against the driver and the owner of the car that caused the accident in Michigan. If the other driver or owner of the car did not have insurance, an Uninsured Motorist Claim can be filed if this coverage exists.
Family members of the decedent can sue for the loss of companionship, loss of services, loss of income, and other losses. Typically, the settlement is shared by members of the family and the amount of each share is either agreed upon by the family members or decided by the judge.
A wrongful death lawsuit in Michigan can only be filed by the relatives of the person killed in the accident. A probate estate must be opened and a person represented, usually a family member, is appointed. After this complete, the personal representative can hire a Michigan lawyer to file the wrongful death lawsuit.
The procedures for filing claims and lawsuits are different virtually everywhere and the time limitations for filing wrongful death claims isn’t always the same. Depending on what type of case it is, whether it is a medical malpractice, car accident, or motorcycle accident, for example, determines the statute of limitations for the case. If you miss a deadline, your claim will be lost forever.
A wrongful death lawsuit can only be filed by the relatives of the person killed in the Michigan accident. A probate estate must be opened and a personal representative, usually a family member, is appointed. Quite often, the family will agree on who should be appointed as the personal representative. When the family cannot agree on this appointment, a court hearing will be held and the probate judge will determine who is best suited for that appointment. After this complete, the personal representative can hire a Michigan lawyer to file the wrongful death lawsuit.
The personal representative does not determine which family members will receive shares of the settlement or even how much each person will receive. Rather, the probate court judge or circuit court judge assigned to the case will make that determination if the family members cannot agree on the distribution of the settlement proceeds.
A Michigan wrongful death lawsuit is governed by a statute (Michigan Wrongful Death Statute) that controls every aspect of the case, including how the settlement funds are distributed to the family members that survived the deceased. Some of the people entitled to the shares will include the deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and if none of these persons survive the deceased, then those person to whom the estate of the deceased would pass under the laws of interstate succession determined as the date of death of the deceased. However, each lawsuit is different and the procedure and applicable law depends on various facts.
When a family member dies in an accident or due to medical malpractice, the law provides a legal remedy to the surviving family members to file a wrongful death lawsuit. To file a wrongful death lawsuit, there are certain court filing requirements that must be completed before the actual suit is filed. First, there has to be a thorough investigation of the potential claim and damages to determine whether the case has merit. Once it is determined to be a meritorious claim, a family member of the decedent is typically appointed as the Personal Representative of the estate of the decedent to pursue the lawsuit on behalf of the other family members.
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