At The Majlessi Law Firm, we regularly receive calls from grieving families who believe a loved one’s death was caused by medical malpractice. These tragic cases may involve a parent, child, spouse, or other close relative whose life was cut short due to a potential error by a doctor, nurse, or hospital.

Suspicion Alone Is Not Enough

While medical malpractice can certainly result in wrongful death, a mere suspicion from a grieving family member is not enough to move forward with legal action. Successful cases require reliable evidence—most often from a qualified medical expert in the same field—who is willing to state under penalty of perjury that the death was the direct result of a medical error.

The Role of Expert Testimony

Wrongful death attorneys often invest substantial resources in hiring experts to prove a claim. This is only done when the available facts reasonably suggest that negligence by a hospital or physician caused the patient’s death. In some cases, medical records clearly point to a mistake, such as a surgical error or a critical missed diagnosis. Rarely, the error is so obvious that the medical provider admits fault and advises the family to seek legal counsel immediately.

Initial Consultations and Costs

During an initial consultation, most experienced wrongful death lawyers will not take on a case based solely on grief-driven suspicion without evidence of malpractice. While some attorneys may agree to representation contingent upon a paid expert review, this approach can cost several thousand dollars—an expense many families cannot afford.

In California, however, attorney representation for wrongful death is typically on a contingency fee basis. This means you pay no upfront legal fees, and all case costs are advanced by your lawyer. These costs, including expert fees, are only reimbursed if there is a successful recovery. Therefore, demanding upfront payment for an expert review before agreeing to representation is not the standard practice.

What You Need Before Calling an Attorney

If you believe your loved one’s death was caused by a medical mistake, it is important to obtain and review the relevant medical records. These should at least reasonably suggest that “but for” the medical provider’s negligence—whether by a hospital, doctor, or both—the death would not have occurred. Useful supporting evidence may include:

• A second opinion from a qualified physician stating malpractice was the cause of death
• A death certificate indicating a medical error
• Written or verbal admission of fault from a hospital or treating doctor

Get Legal Help Today

Medical malpractice wrongful death cases are complex, emotionally challenging, and legally demanding. The Majlessi Law Firm has the experience, resources, and dedication to pursue justice for families who have suffered such devastating losses. We handle all cases on a contingency basis, so you can focus on healing while we focus on your case.

📞 Call us today at (310) 724-6222 in Los Angeles or (415) 629-0109 in San Francisco, or contact us online for a free, confidential consultation.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney regarding your specific situation.