Survivor Action

Survivor Action 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 855-633-2757 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:

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:

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 855-633-2757 today.


Survivor Action - Frequently Asked Questions

21 aug
Can You File A Malpractice Lawsuit For Celebral Palsy?

Cerebral palsy is not a single disorder but rather an umbrella term used to describe a broad range of neurological abnormalities, affecting movement and posture that first occur in the fetal or infant brain. Importantly, these movement disorders may be accompanied by disturbances in sensation, cognition, communication and behavior. While the phrase “cerebral palsy” is

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Can I Sue for Future Medical Expenses in a Medical Malpractice Case?
19 mar
Can I Sue for Future Medical Expenses in a Medical Malpractice Case?

You can sue for future medical expenses in a medical malpractice lawsuit. But to win these damages, you must prove they are legitimate, just as you do with any compensation you seek in a civil tort lawsuit. In other words, you must convince a judge and jury that you are more likely than not to

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Survivor Action - News Articles

New York Man Awarded $2.1 Million In Radiology Malpractice Suit
01 oct
New York Man Awarded $2.1 Million In Radiology Malpractice Suit

Errors by radiologists can occur for a number of reasons, from misreading X-rays to poor communication with physicians, and they can result in very serious health complications that can even be life-threatening. In the case of one New York man, an error by a radiologist proved to be life-altering and a jury awarded him $2.1

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Pennsylvania Judge Approves $4.5 Million Geisinger Settlement
07 nov
Pennsylvania Judge Approves $4.5 Million Geisinger Settlement

On February 29, 2016, Andrew J. Martin, then 70 years old, was brought into the Geisinger Wyoming Valley Medical Center, located in Wilkes-Barre, Pennsylvania. Margaret Martin, his wife, and their three children, were under the impression that he would be quickly returning from the hospital in good health. But after spending 77 days at the

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