Sometimes, medical malpractice becomes the reason for death. However, this does not mean that all wrongful death cases are caused by medical malpractice. It is advisable to approach wrongful death lawyers in the case of a wrongful death case of your loved ones. Below is a discussion of medical malpractices and their relation with wrongful death.
Medical malpractice happens when the healthcare provider is careless and this leads to damage to patients’ health. Negligent healthcare providers may include nurses, doctors, midwives, pharmacists, hospital staff, or surgeons.
Instances of medical malpractice include:
- Nursing home abuse
- Birth injuries
- Medication errors
- Misdiagnosis or failure to diagnose
- Delayed treatment
- Surgical errors
Medical malpractice could happen at any step in the process of treatment, diagnosis or during the follow-up.
A wrongful death has a much broader legal definition than medical malpractice. A wrongful death may be defined as the carelessness, neglect, or the wrongful act of a person which causes the death of another.
While medical malpractices are a result of medical negligence, wrongful death results from a number of circumstances such as:
- Medical malpractice
- Nursing home negligence or abuse
- Faulty medical devices
- Automobile accidents due to negligence
- Unhealthy food sold in grocery stores or restaurants.
- Birth injuries
- Dangerous Moor vehicles
- Assault even in cases where actual death was not deliberate
When Medical Malpractice Leads to Wrongful Death
There are clear separating lines between wrongful death claims and medical malpractice. However, there are a few things you need to know regarding the merging of both concepts.
Who Is Eligible To File A Wrongful Death Claim?
In the majority of cases, the closest family member of the person who died, for example, a spouse, child, or parent, is the one who files a wrongful death lawsuit. Further, there are times when the executor of the departed person’s estate is eligible to file a claim. This is possible only if this person is identified through a will, instead of the estate being under the control of the relatives.
Types of Damages Can be sought through Wrongful Death Cases
Plaintiffs are eligible to claim the following in the case of wrongful death through medical malpractice:
- Funeral or burial expenditure
- Loss of guidance or nurturing in the case of children
- Loss of consortium which includes companionship, love, and comfort
- End of financial support
- Pain and suffering
The types of damages that can be recovered in wrongful death through medical malpractice depend on the details of the individual cases. It is advisable to contact an attorney for the legal proceedings of a wrongful death lawsuit.