Proving Your Loved One's Death Was Due To Negligence

23 April 2015
 Categories: Law, Blog


If you have a loved one who had recently died, and you believe their death was caused by inadequate care from a doctor or medical facility, filing a wrongful death suit might be in your favor to get closure and monetary compensation for this unfortunate result. Proving medical negligence is difficult without the proper documentation, so there are several steps you should take to help make the case go in your favor. Here are some tips for you to use when attempting to prove your loved one's death was caused by the negligence of someone else.

Hire An Attorney

As soon as you have your suspicions about your loved one's demise, contact a wrongful death attorney like those at the Law Offices of Anthony L Coviello LLC to start the process of an investigation. The quicker you hire representation, the better chance you have in getting accurate details about the case. Your attorney will be able to request documentation from hospitals or doctors in order to make a case against them for the medical malpractice. Waiting too long to file for a case could cause witnesses who have the incident fresh in their mind to forget details that are important in proving negligence.

Request An Autopsy

Time is also of importance because an autopsy could be requested if there is reason to believe negligence contributed to your loved one's death. Your lawyer can help you with proceedings that will request a thorough autopsy be done. This information may show that your loved one died because of natural causes, in which case, you would obtain closure in dealing with their death. If there is evidence that seems suspicious, you will be able to proceed with your case.

Gather Documentation

Most hospitals will not release documentation unless you were listed to receive this information when your loved one was admitted for care. Ask for copies of the death report and any pertinent information that you believe contributed to your loved one's death. If you are unable to get these documents, they may need to be court-ordered through your attorney.

Have any witnesses that had been around during your loved one's care available to give testimony, if necessary. Let them know right away to write down all information they remember about the incident as over time the mind can become foggy about detail. Having this documentation can help them to remember what they had seen or heard leading up to your loved one's death.