Wrongful Death from Medical Error: Who Can File a Lawsuit?

At Mandell, Boisclair & Mandell, we know how difficult and heartbreaking it is to lose a loved one to a medical mistake. The grief and uncertainty can be overwhelming, made more so when you have to plan funeral services and start to navigate your future without the love and support you had no reason to suspect would be so suddenly taken from you. This is where having an experienced and compassionate fatal medical error lawyer on your side becomes important. A lawyer can help ease your burdens and pursue justice, allowing you to focus on moving your family forward.

Fatal medical errors are far from uncommon in the United States. According to the National Institutes of Health, they likely contribute to around 200,000 deaths each year. This number is both staggering and tragic, particularly when considering how much trust is placed in doctors, nurses, and other medical professionals by patients and families alike. When your family is forced to deal with the consequences of a preventable medical error, you deserve answers, justice, and fair compensation.

A wrongful death claim following a fatal medical error can never undo the terrible loss that surviving family members are forced to endure. It can, however, create accountability and assist in recovering the financial compensation needed to carry on. The right legal guidance can also protect your family from being pushed around by powerful medical companies and their attorneys, giving you time to grieve and start to heal from the profound loss you are facing.

Talk to a Fatal Medical Error Lawyer for Free

If you have lost a loved one due to medical error, you need a lawyer with experience in both medical malpractice and wrongful death claims. Our firm has successfully handled both for nearly 50 years. We are available to take your call, listen to your story, and help you determine your next best steps.

Call us for a free and confidential consultation at 401-273-8330 and let our Providence fatal medical error lawyers help you seek the justice your family deserves.

Who Can File a Fatal Medical Error Lawsuit in Rhode Island?

In Rhode Island, most wrongful death claims are filed by the executor or administrator of the deceased person’s estate. If your loved one has a will, the executor may already be identified. If there is no will, the probate court can appoint an administrator. Once a representative is in place, they are, most often, the one with the authority to bring a wrongful death action.

Family members can be appointed as the administrator of the estate through a will. The court often prioritizes spouses or the closest living relative (next of kin) for the role when an administrator has not already been appointed. Regardless of who has been appointed, however, it’s best to discuss your rights and options with a fatal medical error attorney who can clearly explain your rights and help you understand your options.

Who Is Entitled to Wrongful Death Damages in Rhode Island? 

Rhode Island has outlined how wrongful death damages are to be distributed following recovery:

• Generally, 50% goes to the spouse, and 50% goes to the children
• If there are no children, 100% typically goes to the spouse
• If there is no spouse, 100% typically goes to the next of kin

Next of kin refers to the closest living legal relative of the deceased, and may include parents, siblings, and grandparents.

What Damages Can Families Seek?

Every family’s situation is unique, but Rhode Island recognizes several types of damages that may apply when a medical error results in a fatal outcome. These include:

Lost Financial Support

Rhode Island law describes “pecuniary damages” and gives a framework for calculating them, including expected future earnings over the decedent’s lifespan. If your loved one contributed to the home in other ways, those matters as well. The statute specifically notes that pecuniary damages can include the value of homemaker services lost due to death.

Loss of Consortium, Society, and Companionship

Rhode Island recognizes certain claims for the emotional and relational harm survivors experience. These can include:

• A spouse’s claim for loss of consortium and related harms, like grief and loss of enjoyment in life
• A child’s claim for loss of parental society and companionship
• A parent’s claim for loss of a child’s society and companionship

Medical Bills and Losses Between Injury and Death

When there was a period of medical treatment between the negligent act and the passing of your loved one, Rhode Island law allows recovery for hospital, medical, and other expenses, as well as diminution of earning power until the time of death.

Pain and Suffering

If your loved one was subjected to pain and suffering in the time between injury and death, you may also be entitled to recover damages for what they endured.

Punitive Damages

While not applicable to every case, if the decedent would have been entitled to punitive damages had they survived, family members can seek these same damages through a wrongful death lawsuit.

At Mandell, Boisclair & Mandell, we thoroughly calculate damages based on a number of factors. Leaving no stone unturned, we carefully assess how your loved one’s passing has and will continue to impact your family.

We are committed to helping grieving families secure fair and full compensation, and are prepared to take cases as far as necessary in our pursuit of justice.

Why Hire an Attorney Who Handles Both Wrongful Death and Medical Malpractice Claims?

Wrongful death cases are always serious, but when they’re related to medical error, they can be technically complex as well. Unfortunately, the medical system, its insurers, and its attorneys know this. And they know that, without help, you may be much easier to silence.

Having a lawyer who handles both medical malpractice and wrongful death helps ensure you are represented by someone who is prepared for whatever the other side brings.

Your fatal medical error lawyer will be responsible for:

• Building the medical story from records
• Proving that the medical standard of care was not honored
• Establishing who is liable for the errors
• Calculating full damages
• Protecting your family from pressure

Your lawyer may work with medical experts, economic specialists, and other professionals who can uncover the truth of what happened and hold all those responsible to account. Working with a law firm that is known for its medical malpractice and wrongful death experience helps to ensure your case and family are handled with the care you deserve.

Mandell, Boisclair & Mandell Is Here to Help

Mandell, Boisclair & Mandell specializes in medical malpractice claims. We have spent almost 50 years fighting for people facing catastrophic injuries and families dealing with wrongful death following medical error. We possess the resources, access to experts, and proven trial readiness necessary to build and win these cases. Identified as one of the Best Law Firms in America, we are here to provide straightforward answers and unyielding support as we fight for the full compensation your family is entitled to.

If you suspect a medical mistake contributed to your loved one’s death, we can help you:

• Understand who has legal authority to bring the claim
• Identify which claims may apply
• Build a case rooted in evidence
• Pursue accountability with the seriousness your loved one deserves

Contact Our Providence Medical Malpractice Lawyers for Free

If you need to speak with an experienced fatal medical error lawyer, use our online contact form or call our Providence office today to schedule your free and confidential case review. We will listen, explain your options under Rhode Island law, and help you take the next step towards seeking justice.