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Wrongful Death Attorney Denver - The Fang Law Firm

Wrongful Death Attorney Serving Denver and all of Colorado

A wrongful death lawsuit is a civil suit that allows family members to seek damages when the actions of an individual or entity lead to the death of a loved one. The burden of proof lies with the individual who is filing the suit, and the weight of making the case falls to the Wrongful Death Attorney presenting the suit in a court of law. While some specifics vary from one jurisdiction to another, there are essentially three points the attorney must make on behalf of the client.

Establishing Duty of Care

The wrongful death lawyer will first seek to establish to the court's satisfaction that the defendant bears the burden of what is known as duty of care. This means the defendant had some obligation or responsibility to perform certain actions in relation to the welfare of the deceased. For example, a registered nurse who took care of the deceased during a hospital stay had the obligation to ensure all medications were administered in accordance with generally accepted medical standards.

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Identifying a Breach in the Duty of Care

As part of the ongoing process of the wrongful death claim, the lawyer will seek to demonstrate how the defendant failed to carry out the obligations associated with the duty of care. Building on the example of a registered nurse caring for a patient in the hospital, a breach of the duty of care would be administering an incorrect dosage or, possibly, administering a medication with a similar name rather than the one prescribed. With either scenario, the nurse failed to exercise a proper level of diligence and gave the patient something not in line with the approved course of treatment.

Confirming the Outcome of the Breach of the Duty of Care

One final element that must be established as part of the wrongful death case is causation. This term refers to the events that transpired owing to the lack of due diligence in protecting the deceased. If the administration of the wrong medication or an incorrect dosage of the approved medication directly led to the death of the patient, causation is established.

If a loved one passes away due to the actions of another party, filing a civil suit is a possibility. Once a lawyer reviews the evidence, it will be much easier to determine if moving forward with a suit is the right thing to do.