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RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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WERE IN MISSOURI AND A FRIEND OF MINE PASSED THE DAY AFTER

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WERE IN MISSOURI AND A FRIEND OF MINE PASSED THE DAY AFTER THE DOCTORS DENIED HER EMERGENCY CARE SHE WASNT FEELING WELL THAT NIGHT AND SHE DIED THE DAY AFTER THEY DENIED HER CARE CAUSE SHE DIDNT HAVE MEDICARE YET WHAT ARE THE RIGHTS FOR HER FAMILY LEFT BEHIND WHO SUFFERS AND STRUGGLES FOR HER LOSS? IS THERE ANY JUSTICE ON THIS?
Submitted: 4 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 4 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you. My condolences on the loss of your friend.

Her family, through her estate, may be able to bring a claim for medical malpractice wrongful death. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim's death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages or human damages, such as loss of consortium have resulted from the victim's death.

By far, the hardest element to prove will be that the doctor was negligent. Typically this requires expert testimony (normally from other doctors) that failure to provide her emergency care is what resulted in her passing. To put it another way, it has to be proven that if she had received care right away when she asked for it, she would have survived, and but for their denial of care, she would have lived.

Generally these types of cases are taken on a contingency basis, meaning that a lawyer does not collect a fee unless there is an award in their favor. These are not easy claims to bring forth, nor are they cheap (expert witnesses alone can easily run thousands of dollars) so an in depth consultation with a local attorney would be advisable for them.

Expert:  RobertJDFL replied 4 months ago.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

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