Learn about wrongful death actions and medical malpractice law, and how the two are often closely related.
A wrongful death action is a type of civil tort lawsuit filed by the loved ones of a person who died due to another party’s wrongdoing. A plaintiff might pursue a wrongful death action if a doctor or healthcare provider failed to uphold their duty of care to a patient, and the patient died as a result.
At Medical Malpractice Help, we can explain more about filing a wrongful death action and medical malpractice law. If your loved one died as a result of negligent medical care, you might qualify for damages. Call 888-526-8947 today for a free consultation about your case.
What Is a Wrongful Death Action?
The main feature of a wrongful death action is that it is brought by the loved ones of a person who died as the result of someone else’s wrongdoing. In medical malpractice, the liable party is usually a doctor or another healthcare provider. However, wrongful death actions can apply to any fatal incident, such as a car crash.
Depending on the state, the damages a plaintiff can recover through a wrongful death action might include compensation for:
- The loss of the deceased’s income.
- The loss of the deceased’s companionship or parental guidance.
- The cost of medical treatment for the deceased before their death.
- Funeral costs.
- Punitive damages.
What Is a Medical Malpractice Action?
A medical malpractice action may result anytime a healthcare provider breaches the standard of care and causes an injury. The injury can be minor or major, up to and including death. As long as the provider’s substandard care caused injury, and the injury resulted in the patient incurring economic or non-economic losses, the provider is liable for medical malpractice.
Which Type of Action Is Appropriate for My Case?
If your late family member was the victim of medical negligence, you might qualify to file either a wrongful death or a medical malpractice claim. The best option for you will depend on several factors.
Damage Caps
States sometimes limit the damage awards available in certain cases. These damage caps vary from state to state. For instance, some limit all damages, while others limit only non-economic damages, such as pain and suffering. How your state caps medical malpractice and wrongful death damages can influence which type of lawsuit is better to pursue.
Statutes of Limitations
The statute of limitations also varies by state. If the statute of limitations for a wrongful death action is almost expired, for example, your best options would be to pursue a medical malpractice action instead. We can go over your state laws to determine if you are within the statute of limitations for medical malpractice or wrongful death.
How Can I Discuss My Options During a Free Attorney Case Evaluation?
At Medical Malpractice Help, we want to fight for the best outcome for your wrongful death or medical malpractice lawsuit. We offer free case evaluations to clients across the United States. We can talk about your situation and answer all of your questions. To schedule an appointment with a medical malpractice lawyer, call our office today at 888-526-8947.
Wrongful Death Action - Frequently Asked Questions
There are typically four elements to determine if someone is the victim of medical negligence. You must prove all four to win a medical malpractice case. If you experience a bad outcome from a medical procedure or a health care provider makes a mistake, it is not automatically medical negligence. What Are the Four Elements of
Read More
More medical malpractice claims arise from surgical procedures than from any other medical field. While any number of things can go wrong during complex medical procedures, there are some common allegations in malpractice cases involving surgery. If you believe you were the victim of medical malpractice, an attorney from Newsome | Melton can help. We can determine
Read MoreWrongful Death Action - News Articles
When Waiting Wreaks Havoc How Delayed C-Sections Can Cause Serious Injury When Victoria Upsey arrived at Pottstown Memorial Medical Center on a Sunday afternoon in August of 2008, the 34-year-old expectant mother knew something wasn’t right. Her baby wasn’t due for another month, but she was experiencing “constant cramps,” according to court documents, and her
Read More
Superior Court Denies Appeal & Finds the Children’s Hospital of Philadelphia Negligent Shamir Tillery was 11 months old when he came down with a high fever. It was December 2009 and his mother, Shantice Tillery, was getting their home ready for the holidays. But when his temperature did not drop after a day, Shantice brought
Read More