Wrongful Death Attorney
Wrongful Death Attorney
Losing a loved one due to medical malpractice is a devastating experience, especially when it could have been prevented. At Watson & Carroll, P.C., L.L.O., we understand the profound emotional and financial impact that wrongful death has on families. If you’ve lost a loved one due to a healthcare provider’s negligence, our team is here to help you seek justice and compensation under the specific wrongful death statutes of Nebraska, South Dakota, and Iowa.
What Constitutes Wrongful Death in Medical Malpractice?
Wrongful death in the context of medical malpractice occurs when a healthcare provider’s negligence leads to the untimely death of a patient. This can result from:
- Misdiagnosis or failure to diagnose a critical condition.
- Surgical errors or anesthesia mistakes.
- Medication errors or improper prescriptions.
- Negligence in post-operative care or monitoring.
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Key Considerations in Consortium Claims
Primary Classification as Noneconomic Damages:
With a dual background as a licensed attorney and a registered nurse in Nebraska, John F. Carroll brings a deep understanding of both the legal and medical aspects of birth injury cases. This dual expertise allows our firm to analyze complex medical records and identify negligence that might otherwise go unnoticed.
As an attorney licensed in Nebraska, South Dakota, and Iowa, John has the knowledge to navigate the unique medical malpractice laws and cap structures of each state. These laws can significantly impact how damages are awarded, making it critical to have an attorney who understands the nuances in your jurisdiction.
Economic Components of Consortium Damages:
In some cases, certain aspects of consortium claims may have economic components. For instance:
- Loss of services: If a spouse or child provided specific services (e.g., caregiving, household work) that now require paid assistance due to the injury or death, these could be considered economic damages.
- Future financial contributions: If the deceased or injured party provided monetary support that directly benefited the consortium claimants, this loss is categorized as economic damages.
State-Specific Laws for Wrongful Death in Medical Malpractice
Each state has unique laws and limitations for wrongful death claims, including how damages are calculated and the applicable statute of limitations. Here’s an overview of how Nebraska, South Dakota, and Iowa handle wrongful death cases, especially in the context of minors and adults.
Nebraska (NE)
Wrongful Death Statute: Nebraska’s wrongful death claims are governed by Nebraska Revised Statutes § 30-809 to § 30-810. These statutes allow recovery for medical malpractice resulting in wrongful death, including claims for loss of companionship and financial support.
Cap on Damages: Nebraska caps total recoverable damages in medical malpractice cases, including wrongful death, at $2,250,000 for occurrences after 2014 (Nebraska Revised Statute § 44-2825).
Consortium Claims: Spouses, parents, and minor children may recover damages for loss of companionship, services, and guidance under Nebraska law. Loss of consortium are bundled with Nebraska’s cap $2.25 million.
Statute of Limitations:
- For adults: Claims must generally be filed within 2 years of the date of the malpractice.
- For minors: If the injured party was under age 21 at the time of the malpractice, the statute of limitations extends until the child’s 23rd birthday.
South Dakota (SD)
Wrongful Death Statute: South Dakota’s wrongful death claims are covered under South Dakota Codified Laws § 21-5-1 to § 21-5-5, which allow family members to recover damages caused by a wrongful act, including medical negligence.
Cap on Damages:
- South Dakota caps non-economic damages at $500,000 (SDCL § 21-3-11).
- Economic damages, such as medical expenses and lost earnings, are uncapped.
Consortium Claims: Family members, including spouses and minor children, may recover for loss of companionship and consortium. These claims fall under the broader category of noneconomic damages, which is subject to the $500,000 cap.
Statute of Limitations: Claims must be filed within two years from the date of the injury or death (SDCL § 15-2-14.1).
Iowa (IA)
Wrongful Death Statute: Iowa wrongful death actions are governed by Iowa Code § 613.15 and related statutes. These laws allow recovery for losses suffered due to the wrongful death of a loved one caused by medical malpractice.
Cap on Damages:
- Noneconomic damages: Capped at $1 million for individual providers and $2 million for hospitals (Iowa Code § 147.136A).
- Economic damages: No cap applies.
Consortium Claims: Iowa allows family members, including surviving spouses, parents, and children, to recover for loss of companionship, guidance, and emotional support under wrongful death statutes. These consortium claims are included as part of noneconomic damages and are subject to the state’s caps.
Statute of Limitations: Claims must generally be filed within 2 years of the death (Iowa Code § 614.1).
What Damages Can Be Recovered in a Wrongful Death Case?
Damages in wrongful death cases may include:
- Economic damages: Medical bills incurred prior to death, funeral expenses, and lost earnings or financial support.
- Non-economic damages: Loss of companionship, love, and guidance; emotional distress suffered by family members.
- Punitive damages: In rare cases, where gross negligence or willful misconduct is proven (availability varies by state).
The Role of Consortium Claims
Loss of consortium refers to the emotional and relational damages suffered by family members, such as:
- Spouses: Loss of love, companionship, and intimate relations.
- Children: Loss of parental guidance, care, and emotional support.
- Parents: Loss of a child’s companionship and potential support.
Each state has specific rules regarding consortium claims. In Nebraska, South Dakota, and Iowa, consortium damages are often included within the total noneconomic damage cap or as part of the wrongful death recovery.
Why Choose Watson & Carroll?
With legal licenses in Nebraska, South Dakota, and Iowa, as well as John’s background as a registered nurse, John offers unique insights into both the medical and legal complexities of wrongful death cases. John works diligently to ensure families receive the full compensation they deserve while navigating the specific statutes and limitations of each state.
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