The wrongful death of a loved one can create many questions for some families, especially when medical malpractice is the suspected culprit. With that said, we must remind some of the people who contact our office that just because there was a bad result, this does not always equal medical malpractice if the decedent was in the care of a doctor or hospital. This can be difficult to understand following a loved one’s death and it is easy to understand how some people can have a hard time wrapping their mind around this issue.
In this educational article, I will focus on two issues you have to understand if you are thinking of moving forward on a possible wrongful death claim. At the conclusion of the article you will be able to understand two important areas of analysis if you are confronting this issue.
WHY IS A WILL IMPORTANT?
It is easy to understand that the wrongful death of a loved one will bring many questions to light. But for some people, the questions asked miss some of the crucial issues. One important question that you need to find an answer to is whether there is a valid will in place. A will is important because one of the functions of a will is to name the person who can act on behalf of the estate.
This person will be the one responsible for not only taking care of the affairs of the estate, but this person will also make sure that the wishes of the person who has passed away are carried out. Although wills can mention many act or actions, these are some of the more basic functions of a will.
Before leaving this section, I will remind you that if you have specific questions about a will, namely all its functions, or issues surround the creation of a will, I suggest that you speak with an attorney who handles will. The creation of a will has specific requirements and you really should speak with an attorney who understands these requirements for more clarification.
HOSPITAL WILL NOT TURN OVER MEDICAL RECORDS…
As I state in some of my other videos, the use of medical records is a basic staple in medical malpractice law. This is because Maryland law required the use of medical experts who will review these records and give an opinion as to whether there was a departure from the standard of care which caused your damages or harm. What can happen though is that in some cases, after a death in a hospital, for example, the hospital will refuse to turn over the medical records from the person who passed away. They may say to a family member that they need “other paperwork from the court” before they can turn over the records. What paperwork are they talking about?
In Maryland, when an estate is opened, the person managing the estate can get Letters of Administration. These Letters will allow the person managing the estate to request in writing the medical records of the deceased. The wrongful death of a loved one brings these types of issues to the forefront. As with the disclaimer I mentioned above regarding the will issue, the same holds true for estate questions. More specific estate questions need to be fielded by an attorney who concentrates in this practice area.
THE WRONGFUL DEATH OF A LOVED ONE BRINGS QUESTIONS…
If you are dealing with the wrongful death of a loved one, especially due to possible medical malpractice, it is my hope that this article has brought light to two important issues in these types of cases. To speak with me further regarding your loved one’s death due to possible medical malpractice, this is what I invite you to do. Pick up the phone and call me.
I can be reached at 301-850-4832. I answer questions regarding medical malpractice and birth injuries all the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
