A wrongful death action is a type of civil tort lawsuit filed by the loved ones of a person who died due to another party’s wrongdoing. A plaintiff might pursue a wrongful death action if a doctor or healthcare provider failed to uphold their duty of care to a patient, and the patient died as a result.
At Medical Malpractice Help, we can explain more about filing a wrongful death action and medical malpractice law. If your loved one died as a result of negligent medical care, you might qualify for damages. Call 888-526-8947 today for a free consultation about your case.
What Is a Wrongful Death Action?
The main feature of a wrongful death action is that it is brought by the loved ones of a person who died as the result of someone else’s wrongdoing. In medical malpractice, the liable party is usually a doctor or another healthcare provider. However, wrongful death actions can apply to any fatal incident, such as a car crash.
Depending on the state, the damages a plaintiff can recover through a wrongful death action might include compensation for:
- The loss of the deceased’s income.
- The loss of the deceased’s companionship or parental guidance.
- The cost of medical treatment for the deceased before their death.
- Funeral costs.
- Punitive damages.
What Is a Medical Malpractice Action?
A medical malpractice action may result anytime a healthcare provider breaches the standard of care and causes an injury. The injury can be minor or major, up to and including death. As long as the provider’s substandard care caused injury, and the injury resulted in the patient incurring economic or non-economic losses, the provider is liable for medical malpractice.
Which Type of Action Is Appropriate for My Case?
If your late family member was the victim of medical negligence, you might qualify to file either a wrongful death or a medical malpractice claim. The best option for you will depend on several factors.
States sometimes limit the damage awards available in certain cases. These damage caps vary from state to state. For instance, some limit all damages, while others limit only non-economic damages, such as pain and suffering. How your state caps medical malpractice and wrongful death damages can influence which type of lawsuit is better to pursue.
Statutes of Limitations
The statute of limitations also varies by state. If the statute of limitations for a wrongful death action is almost expired, for example, your best options would be to pursue a medical malpractice action instead. We can go over your state laws to determine if you are within the statute of limitations for medical malpractice or wrongful death.
How Can I Discuss My Options During a Free Attorney Case Evaluation?
At Medical Malpractice Help, we want to fight for the best outcome for your wrongful death or medical malpractice lawsuit. We offer free case evaluations to clients across the United States. We can talk about your situation and answer all of your questions. To schedule an appointment with a medical malpractice lawyer, call our office today at 888-526-8947.
Wrongful Death Action - Frequently Asked Questions
You can often find out if a doctor has been sued for malpractice before. At Medical Malpractice Help, we support the rights of patients to learn as much as possible about a doctor before agreeing to treatment. Our medical malpractice lawyers can help you conduct research on your doctor to determine if they have a priorRead More
A common breast condition in women under age 30 is fibroadenoma. A fibroadenoma is a benign tumor made up of glandular breast tissue that presents as a lump directly underneath the skin. The growths do not cause pain and typically occur more often in African American women. While they tend to grow during pregnancy, fibroadenomasRead More
Wrongful Death Action - News Articles
A four-day medical malpractice trial in Pennsylvania concluded with the jury awarding a man from Hatsboro, Pennsylvania $4 million. The man had brought the case against his physician when he received nerve damage from a procedure performed in his physician’s office. The decision is unique in that it is the first medical malpractice verdict inRead More
According to research conducted by John Hopkins University, 10 to 15 percent of the United States adult population have gallstone disease and around 800,000 operations are performed each year. The majority of patients suffering from gallstones do not require surgery, but the procedure is very common and statistically very safe. Billy Pierce, who is nowRead More