My dad died in 2021 from prostate cancer. It wasn’t diagnosed til it was stage 4, a month and a half before his death. Doctors didn’t order a CT scan until later in his illness despite ongoing weight loss. Also, he was on dialysis and getting a medication that could’ve caused his cancer to... Read more »
answered on Feb 27, 2023
A med mal attorney will investigate, starting with the medical records. Your dad's presentations at each visit prior to the diagnosis will be important, as questions will arise regarding the what the standard of care required in terms of further examinations, testing or referrals.
answered on Jun 10, 2021
Presumably, the nature and extent of your damages (injuries) remain contested. Therefore, at a minimum, counsel for the defendant will want to ask questions about your medical care, treatment, diagnosis, prognosis. Also, some details of how the incident occurred, and resulting vehicle damage,... Read more »
answered on Dec 18, 2018
The negligence (liability) component of the case would not change, i.e. was there a duty of care breached by the defendant? There are, however, different procedural and damages elements for a wrongful death case, as compare to a personal injury case. A lawyer can provide specific guidance,... Read more »
answered on Sep 26, 2018
I assume by "other person" you are referring to a potential defendant who allegedly caused or contributed to the death at issue. Wrongful death claims can be brought by the decedent's estate against any person or entity who caused, or substantially contributed to cause, the alleged... Read more »
answered on Aug 17, 2018
In such a circumstance, criminal charges will likely be pursued by the State. However, individuals (or Estates of individuals) who have suffered harm my pursue a civil action against the drunk driver, or against an establishment that allegedly served alcohol to an intoxicated patron, contributing... Read more »
answered on Aug 3, 2018
The Estate of the decedent may bring a claim at any time after the death, until the statute of limitation expires.
answered on Aug 3, 2018
Although there are some circumstances when the "tolling" of a statute of limitations can occur, the clock almost always starts ticking from the date of injury, or when a potential plaintiff reasonably should have known of an injury. The fact that an initial injury has gotten worse over... Read more »
answered on Jul 19, 2018
Punitive damages are recoverable only in certain circumstances, as specified by the wrongful death statute. Thus, when there is evidence that a death was caused by malicious, willful, wanton or reckless conduct, or by "gross" negligence, there may be such a recovery. The standard of proof... Read more »
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