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Many times, family members may go through the bitter experience of watching someone close to them die as a result of medical malpractice. It is easy to understand the immense pain, anger, and grief suffered by a person who has just lost a parent, child, or spouse to medical malpractice! The only way the victim’s close family member can avenge a wrongful death is through a medical malpractice case related to wrongful death.

Many times, family members may go through the bitter experience of watching someone close to them die as a result of medical malpractice. It is easy to understand the immense pain, anger, and grief suffered by a person who has just lost a parent, child, or spouse to medical malpractice! The only way the victim’s close family member can avenge a wrongful death is through a medical malpractice case related to wrongful death.

Medical malpractice cases related to wrongful deaths are generally governed by state laws, many of which are somewhat unique! Laws governing wrongful deaths may vary from one US state to another, but the basic principles common to all states include:

· Who possesses the right to represent the dead person’s estate in case of a wrongful death lawsuit?

· What is the procedure followed to appoint the person as a representative of the estate?

· Which types of damages are usually admitted in a wrongful death case?

As both the hospital and the involved doctors can be held liable in a wrongful death case, the burden of liability may differ from a case to case basis.

Who possesses the right to represent the dead person’s estate in a wrongful-death case?

In the state of New York, it is usually the dead person’s closest family member such as a parent, a spouse, or a sibling who is expected to represent the interests of the deceased. This designated representative will also be the executor of the deceased’s estate. In rare cases, multiple close family members may get into an intense fight over who ought to represent the estate of the deceased.

What is the procedure followed to appoint the person as a representative of the estate?

The usual procedure for this appointment in New York State is as follows: The proposed candidate must send a notice about the impending appointment to other family members, and if no one objects, the proposed candidate automatically becomes the representative of the estate. However, if another close family members objects, then the matter will be settled via a court hearing. In that case, the probate court will decide who best represents the interests of the deceased’s estate.

Which types of damages are usually admitted in a wrongful death case?

Here are some damages that the deceased person’s representative (the plaintiff in legal terminology) can recover in a medical malpractice case related to wrongful death:

· Incurred financial losses such as lost earnings

· Lost employment benefits if applicable

· The financial value of medical bills

· Compensation for the deceased’s pain and suffering

As mentioned before, there are some differences in allowable damages between the different US states, thus in New York state, three things a designated representative should immediately enquire about are:

· The applicable statute of limitations in New York for medical malpractice cases

· The types of allowable damages as per state medical malpractice laws related to wrongful death

· The maximum allowable damages known

Apart from the mentioned damages, some states even allow plaintiffs in a wrongful death case to collect funeral expenses as damages. A widow, minor child, or a supported family member of the deceased will also have claims to spousal support, extended educational support, and financial support-whichever is applicable for each person.

Confidential consultation for grieving clients

When a client contacts a New York medical malpractice law firm to discuss a wrongful death case, the attorneys usually take extra precaution to keep the details of the client and the case absolutely confidential while the investigation is going on. Many other experts such as financial advisors and medical experts are also inducted into the investigative team to analyze and evaluate the merits of the case and to determine a suitable compensation value.

Call RMFW Law at 212-344-1000.

If you recently lost your close family member to medical malpractice, then immediately contact a winning medical malpractice law firm like the Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We would love to hear what you have to say.

If your case is viable we would like to represent you. We know how to win cases and have won millions of dollars for past clients. We know you are suffering, let us help you.