Survivor actions and medical malpractice claims are not the same things.
A survivor action is a lawsuit filed by the estate of a deceased individual for damages suffered by the patient before their death. The plaintiff in a survivor action could qualify for compensation for their loved one’s medical costs, emergency care, pain and suffering, and emotional anguish.
At Medical Malpractice Help, we can help you understand how to file a survivor action and medical malpractice law. Our medical malpractice lawyers will go over the details of your case to help you choose the best option. Call us today at 888-526-8947 for a free case consultation.
What Is the Difference Between a Survivor Action and a Wrongful Death Claim?
A survivor action differs from a wrongful death action because it seeks compensation only for the losses incurred while the deceased was still alive. A wrongful death claim often includes compensation for:
- Funeral costs.
- Loss of future income.
- Loss of companionship.
If your loved one suffered serious injuries after a surgical mistake, for example, a survivor action could help you recover compensation for any expenses and suffering they experienced between the time of the error and their death.
When Is a Survivor Action Appropriate in Medical Malpractice Law?
A survivor action may be appropriate in any situation where the victim’s injuries are not immediately fatal. The more time that elapses between the initial injury and death, the more likely it is that the deceased’s loved ones have cause for a survivor action.
Damage Awards in a Survivor Action
Depending on the state, survivor action awards can be substantial, and they can include both economic and non-economic damages. Economic damages are ones involving actual financial losses, like medical costs and lost wages. Non-economic damages refer to losses that cannot be quantified.
In some states, there is no limit on the damage awards in a survivor action. Other states cap only non-economic damages.
When Is a Wrongful Death Lawsuit Appropriate?
Wrongful death applies to any medical malpractice case where a patient dies as the result of a healthcare provider’s breach of the standard of care.
As opposed to survivor action claims, wrongful death claims seek compensation for the family’s losses suffered after the victim’s death. These losses include:
- Loss of future income.
- Loss of companionship.
- Loss of parental guidance.
- Survivors’ mental anguish.
- Funeral costs.
Any cost that a plaintiff can reasonably argue they incurred as a direct result of their loved one’s death might be recoverable in a wrongful death claim.
We can evaluate your situation and determine if you should pursue a survivor action claim, a wrongful death claim, or both.
How Can I Discuss My Legal Options With a Malpractice Attorney?
At Medical Malpractice Help, we want to help you pursue compensation for the losses you and your loved one suffered due to a doctor’s negligence. We offer free consultations and are happy to answer all your questions and provide guidance. To schedule an appointment, call 888-526-8947 today.
Survivor Action - Frequently Asked Questions
Traumatic brain injuries, known as TBIs, are a type of brain injury that can lead to brain damage. All TBIs are brain injuries, but not all brain injuries occur because of traumatic events. There are other types of brain damage that can leave the person with temporary or permanent impairments. He or she may require
Read More
What is a Cephalohematoma? A cephalohematoma is a common birth injury associated with labor in which forceps or vacuum extraction is necessary. This condition can also occur if the baby’s head happens to bang against the mother’s pelvic bone during labor. A cephalohematoma is a lesion on the newborn’s scalp due to an accumulation of
Read MoreSurvivor Action - News Articles
Earlier this month a jury awarded Seletha Gartell $13.75 million in damages over the alleged negligence of her South Carolinian doctors and nurses from more than four years ago. After being rushed to the emergency room for breathing complications on December 6, 2012, Gartell allegedly waited five hours to see a physician. Her lawyers
Read More
On August 11, 2012, Morley Reed Sprague was rushed to the hospital. He was suffering from sepsis, a potentially lethal condition stemming from a severe infection, and a urinary tract infection. Sprague, then 57, had been suffering from MS for nearly two decades and in 2012 he was confined to a wheelchair. After a 12
Read More