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

What Happens If Someone Dies From Medical Malpractice?
08 aug
What Happens If Someone Dies From Medical Malpractice?

Medical errors are a leading cause of death in the United States. Although some errors are unavoidable, a large number are preventable, meaning many patients lose their lives each year due to medical malpractice. If someone dies from medical malpractice, their family members can recover damages to pay for their losses. If your loved one

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How Do You Know If You Have Alcohol Poisoning?

If you or someone you know is exhibiting signs of alcohol poisoning, it is imperative you recognize the symptoms and act right away. Severe impairment, confusion, vomiting, and other symptoms may be evident before you lose consciousness, or you may identify them in a friend who has been drinking. If you were binge drinking, drinking

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Survivor Action - News Articles

Florida House of Representatives Approves Medical Malpractice Bill
01 oct
Florida House of Representatives Approves Medical Malpractice Bill

Last week, Florida’s House of Representatives approved a business-backed bill that will shift the state’s test for the admissibility of expert witness testimony from the Frye standard to the Daubert standard.  Approximately 28 other states and the federal courts use this tougher standard, which critics say would pose a challenge for patients who pursue medical

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21 may
Pennsylvania Jury Finds Mercy Fitzgerald Hospital Negligent for Wrongful Death; Family Awarded $3 Million

James DeGeorge woke up on a cold December morning in 2014 with severe pain coming from his chest. DeGeorge was rushed into the Mercy Fitzgerald Hospital located in Darby, Pennsylvanian, which is about seven miles west of Philadelphia. He was 84 at the time and his doctors decided that a pacemaker would help regulate his

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