What is Wrongful Death Breach
If there is a duty that exists to the public or by a professional (doctor, contractor, etc.) wrongful death breach is a considered neglect and the basis for liability. It can be the failure to act as a reasonable person in same or similar circumstances. Negligence occurs when a person: does something a reasonable person would not do,or fails to do something a reasonable person would do.
Expert Witness Testimony for Professional Neglect
There are situations such as professional neglect where expert testimony is required or beneficial to explain the case to the jury. The expert would help set forth the standard of care that applied to the professional in the situation which was allegedly negligent malpractice. For example, Minn. Stat. 145.682, requires in wrongful death medical malpractice cases requires an Affidavit of Expert Review in Subd. 3, The affidavit required by subdivision 2, clause (1), must be by the plaintiff’s attorney and state that: (1) the facts of the case have been reviewed by the plaintiff’s attorney with an expert whose qualifications provide a reasonable expectation that the expert’s opinions could be admissible at trial and that, in the opinion of this expert, one or more defendants deviated from the applicable standard of care and by that action caused injury to the plaintiff.
Contact an Experienced Attorney to Review Your Case
If you have concerns about accident which lead to the death of someone in your family contact attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.