It is impossible to fully compensate for the loss of a loved one. However, it may help for New Mexico residents to know that it may be possible to file a lawsuit against the responsible party if the death of a loved one was the result of professional misconduct or negligence of another individual, such as a health care professional. A woman from another state has recently filed a wrongful death lawsuit against several defendants that were involved in her husband’s dialysis treatment. In this legal claim, she is alleging that medical malpractice occurred and resulted in the death of her husband.
Her husband had allegedly gone in for dialysis treatment in Nov. 2014. While there, he fell and suffered a traumatic brain injury. This brain injury eventually led to his death two days later.
The woman is asserting in her legal complaint that the defendants should have known that her husband was a fall risk following his dialysis treatment. She says this is particularly true seeing as how her husband had suffered from tremors that affected his entire body the day that the fall occurred. Although not specifically identified, she is seeking various damages in her lawsuit.
Whether or not this woman will succeed with her wrongful death lawsuit remains to be seen. However, the filing of this lawsuit shows New Mexico residents that there may indeed be legal recourse in a similar situation where they or a loved one is injured at the hands of a medical professional. As was the case here, errors made on behalf of medical professionals can often be deadly. When this happens, a medical malpractice or wrongful death claim may be the most appropriate court of action moving forward.