While many of us understand that there’s a small risk involved in any open surgery, we often take our safety for granted until someone important to us loses their life while under the surgeon’s knife. Sometimes people don’t survive surgeries because of the inherent, unavoidable risk involved, and that’s a reality of life.


On the other hand, some people die because of a doctor or surgeon’s negligence or irresponsibility. In these cases, the doctor or surgeon can be held liable for that person’s death, and owe compensation to that person’s family and loved ones. 


It doesn’t matter if you signed some papers. That doesn’t give someone the right to play with your loved one’s life. If you’ve lost a spouse or someone close to you in a surgery because of someone else’s negligence, you may be entitled to compensation. Get in touch with the Law Office of Brian K Branch today. This is a long-established law firm that can help you get compensation, and we’ve been helping family members sue for wrongful death for decades. 


Under New Mexico’s wrongful death laws, a personal representative first has to make a claim. 


A personal representative of the deceased is usually the deceased family member or loved one. This personal representative has to make a wrongful death claim as part of a medical malpractice lawsuit. Personal representatives can also be the statutory beneficiary, but they don’t have to be. Instead of a wrongful death claim, you can also file a loss of consortium claim. The difference between wrongful death and a consortium claim is that a wrongful death claim is on behalf of the deceased, whereas a consortium claim is on behalf of the deceased’s loved ones. 


Statutory beneficiaries are usually spouses and children. As a spouse, you get half of all damages awarded while the other half gets distributed evenly amongst the children (if there are children).


Compensation can come in the form of: 


  • Pain and suffering, for the deceased, their spouse, children, or loved ones. 
  • Medical expenses
  • Loss of companionship
  • Loss of earnings
  • Funeral expenses
  • Value of the deceased’s life, outside of monetary worth. 


Building a case


Generally speaking, to win a medical malpractice lawsuit, a deceased person’s representatives have to prove that the medical professional deviated away from the basic, established standards in the industry. It also helps to prove that the medical provider did something considered irrational, lazy, or negligent in their work.


Do you need help getting compensation for your loved one’s death during surgery? 


Connect with the Law Office of Brian K Branch today. We’ll tell you if you have a case and then get you on the road to justice and healing.


The Law Office of Brian K Branch


715 Marquette Ave. NW

Albuquerque, New Mexico 87102

Tel: 505.764.9710

Toll Free: 888.972.1212

Fax: 505.764.9722

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