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

Can Your Spouse Sue For Your AIDS/HIV Virus Misdiagnosis?
19 mar
Can Your Spouse Sue For Your AIDS/HIV Virus Misdiagnosis?

If your doctor misdiagnosed AIDS or HIV — either by diagnosing you as negative when you had the disease or as positive when you did not — you or your spouse may have grounds for a medical malpractice lawsuit and a lucrative award. Plaintiffs have won substantial malpractice awards from doctors who misdiagnosed AIDS or

Read More
What Are Some Common Issues In Birth Injury Lawsuits?
30 jan
What Are Some Common Issues In Birth Injury Lawsuits?

There are some common issues in birth injury lawsuits. They include: Poor prenatal care Poor monitoring Inadequate treatment or response to test results Failure to test based on risk Labor and delivery negligence If your child suffered a birth injury in any of the ways above, you could be eligible to recover damages in a

Read More

Survivor Action - News Articles

Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up
09 jun
Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up

Family Files Malpractice Lawsuit Against Texas Hospital over Alleged Cover Up Early in 2015 Cris Chapa brought her mother, Manuela Chapa, to the Kindred Hospital located in Sugar Land, Texas. Manuela, then 87, was suffering from pneumonia and her condition was worsening. So the Chapa family was not shocked when they were called in to

Read More
Bonita Springs Cardiologist Appealing Malpractice Suit
01 oct
Bonita Springs Cardiologist Appealing Malpractice Suit

Zannos Grekos, a cardiologist whose license was revoked by the Florida State Board of Medicine in April after he was found to have committed medical malpractice following the death of a patient, is appealing his case. The case, Zannos Grekos M.D. v. Department of Health, was filed last month with the First District Court of

Read More