Wrongful Death Defense Lawyer
How Do Companies, Physicians and Healthcare Providers Defend Against Wrongful Death Claims?
Wrongful Death Team Lead
Former DOJ Attorney
Healthcare Team
Healthcare Team
Former FBI Special Agent
Healthcare Team
Former HHS-OIG Assistant Special Agent-in-Charge
A wrongful death lawsuit differs from other types of cases. Being accused of causing someone’s death is a serious allegation. Only an experienced legal team should handle these matters. Hospitals, doctors, and other healthcare providers must make their legal decisions carefully, or it could lead to significant consequences for their careers and businesses. Anyone facing wrongful death lawsuits will want to avoid exposing themselves to additional legal liability. For that reason, you need a skilled wrongful death lawyer. At Oberheiden P.C., we are ready to assist you through this type of litigation, including wrongful death claims related to COVID-19.
What Is a Wrongful Death Case?
In wrongful death cases, the family members or deceased person’s estate of the deceased will file a wrongful death lawsuit against the party they believe is responsible for their loved one’s death. These deaths are often the result of an alleged careless or negligent act, which led to the person’s death.
Usually in a wrongful death suit, the plaintiff accuses the defendant of medical malpractice. With that, the plaintiffs have alleged that the healthcare provider breached their duty of care, did not follow the established level of treatment, and caused damage to the decedent. Some states recognize comparative negligence, or the amount of responsibility attributed to the defendant. For example, in a car accident, a driver would be responsible for the person’s untimely death. Any wrongful death lawsuit or accusation of these matters can do irreparable harm to the reputation of the hospital, doctor, or other members of the medical team. During the COVID-19 pandemic, many healthcare providers faced wrongful death lawsuits, even though the medical industry battled a new novel coronavirus with limited treatment options.
Wrongful death lawsuits not only damage your reputation and career, but they can be a financial burden. In many cases, those individuals who lose a wrongful death lawsuit could even have their medical licenses revoked. With all those consequences on the line, wrongful death cases need to be defended by an experienced team of wrongful death defense lawyers and consultants.
Put our highly experienced team on your side
Oberheiden P.C. Can Defend Against a Wrongful Death Action
An experienced legal team must handle these wrongful death lawsuits. They must be willing to defend their clients against these accusations. Our wrongful death defense strategy has three stages: wrongful death claim assessment, defense strategy development, and defense implementation. In some cases, defending against personal injury claims is nothing new for attorneys, but these cases will present unique challenges. Here is how we will handle your case.
Wrongful Death Claim Assessment
Before addressing other matters in the case, we must first look at the actual claims. For instance, those claims related to COVID-19 will need to determine whether the victim was exposed to the coronavirus at a hospital, doctor’s office, or another medical facility. As we already know, there are numerous areas where a person could be exposed to the virus, including grocery stores or outdoor parks. Any place where people gathered was considered a hotspot for virus transmission. If the plaintiffs want to file a wrongful death claim that the healthcare provider or business did not adequately protect individuals from catching the virus, it will be hard for them to prove that in the courtroom.
Wrongful death lawsuits often focus on the first point of contact with the deceased person. Lawsuits will often claim that the healthcare provider did not properly diagnose or treat the individual, resulting in the person’s death. Medical triage is an essential step in the treatment and diagnostic process. When there is an error, it could open the way for a wrongful death case. When we review your case, our team will examine the viability of the wrongful death lawsuit. We will examine all case complaints and facts to help craft a solid defense strategy against these claims.
Defense Strategy Development
After carefully examining the claims in the wrongful death lawsuit, we will develop a cohesive defense strategy. In these types of cases, there are numerous defenses to fight against these claims, but your wrongful death lawyer needs to choose the right one for your particular situation. If a wrongful death lawyer tries to use multiple defenses, it could confuse the issue at hand or appear that your defense claim is not on solid standing. At Oberheiden P.C., our wrongful death defense attorneys tailor our defense to your specific facts in the case. There is no “one-size-fits-all” approach in these wrongful death lawsuits. When you work with us, we will provide you with a comprehensive defense strategy that focuses on the critical flaws in the plaintiff’s case.
Lawsuit Defense Implementation
Once we have assessed the claims and developed a defense strategy, it is time to implement those key points. Unfortunately, these cases can take a long time to resolve. Implementation involves all aspects of the legal process, including discovery and trial. At this time, we will look at the company’s best interests. Sometimes, that can focus on settling out of the court. If that is the case, our team will work to steer the case toward a more favorable settlement for you.
However, if the plaintiff cannot prove that you were liable for the wrongful death, our attorneys will take a different approach, concentrating on the flaws in the plaintiff’s case. At this stage, you need a skilled team to lead your defense. Choosing the wrong law firm could mean losing the case and damaging your reputation. You want a wrongful death litigation team that understands the intricacies of all these defense stages. When choosing a law firm to represent you against these claims, you need to turn to Oberheiden P.C.
Discovery Is Vital in Wrongful Death Defense Cases
In any wrongful death lawsuit, discovery is essential to your defense strategy. Discovery is often used as a fact-finding endeavor. However, the defense team can also use this process to build leverage, apply pressure, and provide the basis to dismiss claims in the courtroom.
Once again, consider how discovery could help defend against wrongful death claims involving COVID-19. An effective discovery stage will be able to answer a few key questions, such as:
- Could the victim have been exposed to the virus outside the medical facility?
- Is there evidence proving there was exposure at the facility?
- Did the victim do everything to avoid infection, symptoms, and complications from the virus?
All of these questions need to be answered. If there are any doubts, it could be an opening for the defense team to dismiss the plaintiff’s claims. An experienced wrongful death litigation attorney will be able to answer these questions during the discovery process.
While discovery is vital to the defense team, it could also lead to complications, especially if you do not have skilled wrongful death defense lawyers representing your interests. Sometimes, the discovery process could lead to the following:
- Disclosing unnecessary client information
- Allowing individuals to be unprepared for depositions
- Failing to preserve the attorney-client privilege
As a result, all these aspects of discovery need to be carefully managed by your legal team, or this stage could be detrimental to your case. When you hire Oberheiden P.C., we will work effectively throughout this stage to prevent any unnecessary issues that could open you up to additional legal liabilities.
Will Insurance Cover These Malpractice Claims?
The medical providers’ liability insurance policy will often cover these wrongful death lawsuits. Most doctors, hospitals, and other medical professionals will have this type of insurance, usually including medical malpractice insurance coverage. While the insurance could help reduce the chance of being financially devastated by a lawsuit, you still need a solid defense to prevent additional claims of wrongdoing.
There are times when you may want to consider settling the case. However, that may not be the ideal option, especially if you could face multiple wrongful death lawsuits. During the COVID-19 pandemic, these lawsuits were problematic for many healthcare providers and facilities. Once one party filed a wrongful death claim, it led to multiple lawsuits against the facility or provider.
In the event of a wrongful death settlement, all negotiations should be kept confidential between the parties. Often, one lawsuit settlement can lead to additional claims, with multiple plaintiffs hoping that you will also settle their claims. Any legal team must understand that the settlement negotiations could put their client in a precarious situation, leading to multiple claims of wrongful death. While insurance companies will cover most of these claims, liability insurance policies could be stretched when numerous claims are levied against a hospital or healthcare provider. At Oberheiden P.C., we understand how to negotiate a settlement in your best interests.
Do Customer/Patient Lawsuits Differ from Employee Claims?
There is an essential distinction between wrongful death claims made by patients and those claims filed by employees. Employees have various protections in the workplace, which can impact the procedural aspects of these litigation cases. In any situation, mitigating risk is vital for a proactive response. When you need a law firm to defend you against a wrongful death claim, turn to the team at Oberheiden P.C.
Contact the Wrongful Death Defense Attorneys at Oberheiden P.C.
At Oberheiden P.C., we have actively represented medical professionals, hospitals, and companies in all matters involving wrongful death lawsuits, especially during the COVID pandemic. We have helped clients throughout the United States protect their practice, livelihood, and reputation. These wrongful death claims are serious. You need a skilled legal team on your side. Our law firm will work to craft a solid strategy for your case. Please schedule a consultation if you want to learn how to mitigate your liability risk or need attorneys to defend you against these accusations. You can contact us by calling 888-680-1745 or filling out the online form for a complimentary initial consultation.
