This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
Massachusetts Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
However, in Massachusetts, only the executor or personal representative of the deceased's estate has the legal right to file a wrongful death lawsuit. If a representative was not appointed in the deceased's will, the probate court would appoint one.
(A) Except as provided in this division, a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason ...
When a doctor fails to administer treatment quickly enough and the patient's condition gets worse?or fails to respond to treatment?the doctor has exhibited medical negligence and could be liable for malpractice.
The highest wrongful death settlement was $160 million.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
The main defenses are causation, comparative negligence, and imputed comparative negligence. The availability of any of these defenses may also bar a plaintiff from recovery or reduce the amount of damages awarded.
Although every wrongful death case is different, the average settlement can range from $500,000 to around $1 million. Some cases can end up with smaller or larger settlements. There's no magical average number with wrongful death settlements, but they can be up to $1 million.