Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
While any wrongful death is tragic, those caused by a negligent healthcare provider can be especially devastating because certified professionals are trusted to adhere to acceptable levels of care.
However, according to the Institute of Medicine, between 44,000 and 98,000 Americans die every year in hospitals as a result of preventable medical errors.
What is Wrongful Death?
Wrongful death is a situation where one person’s negligence causes another person’s death. In some cases the death occurs as a result of medical negligence by a physician, hospital, or medical laboratory.
Wrongful death is the basis for a wrongful death lawsuit against the person, persons, or entity who caused the death. The family of the deceased file these wrongful death lawsuits on the deceased’s behalf.
Medical Malpractice and Wrongful Death
Medical malpractice can be one of many things. It might be a medication error – the wrong choice of drug or the wrong dosage, for example. Or, it might involve a failure to diagnose a life-threatening disease or a mistaken diagnosis. Medical malpractice may also be a mistake in surgery or in other medical care. Everyone, from infants in utero to seniors at home or in a care facility, is vulnerable to medical malpractice.
To be liable for medical malpractice, a doctor, a nurse, or a hospital employing the professional must have been responsible to care for the patient and the doctor’s or care provider’s negligence must have caused a patient’s wrongful death.
Wrongful Death Actions
Potential wrongful death lawsuits arise when medical malpractice plays a role in the death of a patient. By filing a wrongful death lawsuit, the family of the deceased patient typically makes the following legal argument:
- the patient died due to a medical malpractice error that should not have happened
- the patient had very close family members
- the family members suffered certain monetary losses as a result of the death
- the doctor or hospital responsible for the medical error should compensate the close family members for all losses and damages stemming from the death
Compensation for Wrongful Death Malpractice
Each state allows the heirs of a family to file a wrongful death lawsuit in the event of medical malpractice causing the death of a loved one. Factors that courts consider when determining damages for wrongful death typically include:
- loss of love and emotional support
- loss of financial support (subject to complex economic calculation)
- loss of intimacy and companionship (may be limited to spouses)
- financial costs of necessary medical care
- costs of funeral expenses
- compensation for the victim’s pre-death “pain and suffering”
Wrongful Death Lawsuits
While no amount of financial payment can ever compensate for the loss of a loved one, being financially secure in your future and the comfort of responsible parties being brought to justice can provide a sense of closure and security to survivors.
Family members who file a successful wrongful death lawsuit, proving the fatality was the result of medical malpractice, can sometimes be awarded very large settlements in damages. If a loved one has suffered a wrongful death, you may qualify for wrongful death damages or remedies that may be awarded in a possible wrongful death lawsuit.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
