Wrongful Death Action
Learn about wrongful death actions and medical malpractice law, and how the two are often closely related.
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 855-633-2757 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.
Damage Caps
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 855-633-2757.
Wrongful Death Action - Frequently Asked Questions
In most medical malpractice cases, the term “standard of care” plays a significant role. Success hinges on whether the claimant can prove a “breach of the standard of care” in a medical malpractice case. The job of the patient’s attorney is to prove that the health care provider had a standard of care to the patient
Read More
Opioid addiction in this country has reached epidemic proportions. The first wave of opioid overdose deaths began in the 1990s when these highly-addictive painkillers became more widely prescribed. However, according to the Centers for Disease Control and Prevention (CDC), there were six times more overdose deaths involving opioids in 2017 than in 1999. The problem
Read MoreWrongful Death Action - News Articles
The Special Focus Facilities List is a national registry of nursing homes that are considered to be problem facilities that require monitoring for poor and negligent treatment. The list was created by the Centers for Medicare and Medicaid, and as of 2010, there were at least 126 nursing homes nationwide that qualified for this negative
Read More
Seven Women File Separate Medical Malpractice Lawsuits Against Omaha Doctor Every year in the United States millions of people undergo cosmetic surgery procedures. Some of the surgeries are elective and some are medically prescribed, but as the industry grows, so too has the reported incidents of medical malpractice by the doctors performing the operations. Over
Read More