What is Wrongful Death?
Wrongful death has a broader legal context than medical malpractice or personal injury in general. As discussed above, wrongful death may be defined as the neglect, carelessness, wrongful act, or default of one person, which leads to the death of another.
Whereas medical malpractice specifically addresses cases of medical negligence, wrongful death cases result from a variety of circumstances, including death caused by:
Medical malpractice
Birth injuries
Nursing home abuse or negligence
Automobile accidents caused by negligence
Recalled or dangerous food sold in restaurants or grocery stores
Defective medical devices
Assault (even when the actual death was unintentional)
Recalled or dangerous vehicles
As you can see, wrongful death cases vary greatly and are included in many more legal areas than medical malpractice. If someone you love has died after these or other situations that you believe were the result of negligence, contact Marcarian Law Firm, P.C. Our Top Medical Malpractice Attorneys can help you understand your situation and determine what type of case you may have.
When Medical Malpractice Leads to Wrongful Death
While there are clear differences between medical malpractice and wrongful death claims in legal terms, there are some things you should know about what to do when these two concepts merge.
Who Can File a Wrongful Death Claim?
In most cases, the person who files a wrongful death claim is the closest relative of the person who died, such as a parent, child, or spouse. There are also times when an executor of the deceased person’s estate can file a claim if such a person is identified in a will, rather than the estate being managed by next of kin.
What Types of Damages Can Be Claimed in Wrongful Death Cases?
The types of damages claimed in wrongful death cases may be different than, or in addition to, those commonly sought in medical malpractice cases. Medical malpractice damages generally consist of medical expenses, lost wages, disability or disfigurement, or punitive damages.
Here are the following damages in a wrongful death claim:
Funeral or burial expenses
Loss of financial support
Pain and suffering
Loss of consortium (companionship, comfort, and love)
Loss of guidance or nurturing (allowed in some states for children of the deceased)
The types of damages allowed in medical malpractice and wrongful death claims will often depend on the facts of your case, as well as applicable state laws. It is always advisable to contact a Medical Negligence attorney before filing any lawsuit.
Limitations in Wrongful Death Cases
There is a statute of limitations for filing a wrongful death claim. In most states, the statute of limitations is two years from the date of death. Once this period has passed you may be unable to take legal action.
How to Get Help with Medical Malpractice and Wrongful Death Attorney
No matter how it occurs, losing a loved one creates a hole in your heart and your family. Losing a loved one as a result of a medical error, failure to provide appropriate treatment or some other medical malpractice situation can be particularly devastating. At the Marcarian Law Firm, P.C. we understand how difficult this loss can be and are here to help you through this difficult time.