Robyn Sztyndor, attorney, concentrates her practice on civil litigation, focusing on commercial proceedings and medical malpractice. She is also a managing partner of a prestigious Fort Lauderdale legal firm and a founding member of Physicians Law, P.A. As an experienced attorney in complex legal matters involving negligence, liability, product and commercial litigation for medical practitioners and healthcare facilities, Robyn Sztyndor has developed a wealth of insights into what it takes for a medical professional to win wrongful death suits for which he or she is not at fault.
Robyn Sztyndor was kind enough to answer our questions on the topic. Here is some of what we learned.
Robyn Sztyndor, Attorney Explains How to Win a Wrongful Death Suit
Hundreds of thousands of people die each year both in and out of healthcare facilities. When it happens in a hospital setting, the families of the deceased are often understandably eager to place the blame on those responsible for their loved one’s care.
Sometimes there is blame to be found on the part of medical professionals, but most of the time the death was simply unavoidable using current tools and techniques. When blame comes your way, and you are not at fault, you must protect your reputation, your staff and colleagues, and the organization you represent. The good news is, as Robyn Sztyndor explains, that both the truth and the law are on your side.
4 Avenues to Consider in a Wrongful Death Claim
Robyn Sztyndor tells us that there are four approaches through which litigants can attempt to prove or disprove a wrongful death claim.
1. Breach of Duty
If the opposition can prove that you failed to provide “common duty” to the deceased, then you are in hot water. However, if you can prove the opposite, then that’s a shot and a miss on their part.
2. Damages that Follow
Any time someone dies, the lives of their family will be altered. Those changes can wreak havoc in their lives. If you are at fault for the death, you are liable for damages that follow. If not, the family cannot be compensated for damages that follow a death that you did not cause.
When you are accused of negligence, your accusers may be required to show that there is a connection between your negligence and the death of the patient. If there is no connection or a weak connection, their case becomes weak.
Negligence is a key aspect of almost any lawsuit, and there are levels of negligence. If your accusers can show that you have been negligent in the incident at issue, or at any other time, it could sway things in their favor. If, on the other hand, you are found to be an impeccable physician, then your case will be equally impeccable.
These are not all there is to be considered when defending yourself against a false claim. Only an experienced medical malpractice defense attorney like Robyn Sztyndor can give you the best chance of protecting your career, your estate, your practice, and the reputations of your peers.