Wrongful death and medical malpractice are two terms that confuse many people. They’re very closely linked, with the key distinguishing feature being that as a result of a medical practitioner’s negligence, you or a family member dies a premature death. Examples of types of medical malpractice that lead to wrongful death include:
- Failure to diagnose
- Birth injuries
- Surgical errors
- Nursing negligence
- Medication errors
- Defective medical equipment
- Anesthesia errors
- Doctor errors
What makes wrongful death unique from other forms of medical practice, is that it can actually span across a broader legal context and doesn’t only occur in instances of medical malpractice. This is because a person’s wrongful death doesn’t only occur within the medical field. Wrongful death can occur for multiple reasons and within multiple industries, with examples being:
- Death from an automobile accident due to negligent repairs
- Death from spoiled or contaminated food from suppliers
- Death from hazing
- Death from unsafe working conditions
Legal Matters
Why Should You File a Wrongful Death Claim?
Filing a wrongful death claim can be very difficult, and it is usually an immediate family member that wishes to file a claim in order to receive compensation for the untimely death of their loved one. Family members may seek this compensation for a multitude of reasons, but the most common reasons people usually seek compensation include:
- Covering the hospital expenses of the family member who died
- Recognizing the emotional damages and loss of companionship of that family member
- Covering the loss of financial income that family member would have provided
- Covering the loss of future financial earnings until the time of retirement that that family member would have provided
- Recognizing the pain and suffering experienced by that family member before their death, as well as the pain and suffering experienced by the living relatives
- Covering funeral expenses
How Do You File a Wrongful Death Claim?
Because of the complexities associated with wrongful death claims, as well as the fact that it is a civil action; it is best that you consult with a qualified medical malpractice lawyer before filing a wrongful death medical malpractice lawsuit.
There are many elements that need to be considered when filing a medical malpractice lawsuit. These, like the law, differ by state, and so you will need a qualified NYC medical malpractice attorney if you live in NYC. Your NYC medical malpractice attorney will be able to explain the key elements of filing a wrongful death claim, as well as help you prove these elements in order to have the best possible chance of winning your claim. These elements typically include proving that:
- Your family member’s death occurred because of medical negligence
- The healthcare professional/s and/or institution involved breached their duty of providing your family member with the best possible care
- It was this breach of duty that caused your family member’s death
- Your family member’s death created quantifiable financial and emotional damages to your family and/or your family member who died
Contact
If you believe that a family member may have experienced a wrongful death, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.
You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling 212-344-1000. When you are ready to talk, we are ready to listen.
