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
The three categories of locked-in syndrome are complete, classic, and incomplete. The severity of the condition and the level of movement restriction determine the category of locked-in syndrome, with complete form being the most severe, incomplete form the least, and classic form in the middle. No matter which category of locked-in syndrome a person has,Read More
Toxoplasma gondii is a parasite that infects up to one third of the population worldwide. Ingestion of food or water contaminated with the parasite can lead to toxoplasmosis. The infection may be initially subclinical, but carries greater long-term risks. When left untreated, toxoplasmosis can cause eye disease, cervical lymphadenopathy, encephalitis, neurological disorders, psychological disorders, andRead More
Wrongful Death Action - News Articles
Last year, The Missouri Supreme Court struck down a legislative cap set on the amount awardable for “pain and suffering” in medical malpractice suits, ruling that the cap violated a patient’s right to a jury trial, according to the St. Louis Post-Dispatch. The cap was originally set at $350,000 and was established in 2005. Recently,Read More
During the summer of 2009, Neil Senna went to see his primary care physician for a routine checkup. Dr. Ashok Joshi, Senna’s doctor at the time, was working at the Billerica Medical and Health Center just north of Boston, MA. And according to a medical malpractice lawsuit, filed on behalf of Senna’s estate, Dr. JoshiRead More