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 You Sue For A Mononucleosis Misdiagnosis?
25 aug
Can You Sue For A Mononucleosis Misdiagnosis?

Mononucleosis is colloquially known as mono. This viral infection can cause symptoms throughout the body including drowsiness, aching muscles, an irritated throat and overall feelings of fatigue. Other clinical findings have included skin rash, diminished appetite, and fever. Most mononucleosis cases usually resolve within a few weeks of diagnosis. However, this illness can sometimes lead

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Is It Medical Malpractice In A Failure To Diagnose Leukemia?
24 aug
Is It Medical Malpractice In A Failure To Diagnose Leukemia?

Leukemia is a disease that affects a person’s bone marrow. The bone marrow of a patient with leukemia produces an abnormally large amount of leukocytes or white blood cells. White bloods cells are a body’s defense against disease and infection. Patients who suffer from leukemia have a difficult time fighting off diseases and infection. This

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Survivor Action - News Articles

Jury Awards New York Family $130 Million In Cerebral Palsy Medical Malpractice Lawsuit
01 oct
Jury Awards New York Family $130 Million In Cerebral Palsy Medical Malpractice Lawsuit

The family of 10-year-old Shannon Reilly filed a lawsuit against St. Charles Hospital and Rehabilitation Center in Port Jefferson, claiming several of the staff’s mistakes during the delivery of the baby girl in November 2002 led to the development of her cerebral palsy.  Although the family was offered an $8 million settlement in 2009, attorney

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Baltimore Family Earns $55 Million Settlement In Medical Malpractice Lawsuit
01 oct
Baltimore Family Earns $55 Million Settlement In Medical Malpractice Lawsuit

Rebecca Fielding, in agreement with her husband, Enso Martinez, had hoped to give birth to their child at home. However, due to complications and the necessity of a Caesarean section, Fielding was transported via ambulance to the emergency room at Johns Hopkins Hospital in Baltimore. But instead of receiving prompt medical attention and surgery, Fielding

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