What Is Wrongful Death?
Wrongful Death occurs when you, or someone you know, is killed because of a healthcare practitioner’s negligence or misconduct – whether intentional or not.
It is different from medical malpractice in that medical malpractice occurs when your healthcare provider is negligent, and you are harmed but your injury isn’t fatal. Wrongful death, on the other hand, occurs when you, or someone you know, dies as a direct result of medical negligence.
Causes of Wrongful Death
Wrongful death arises from a variety of different medical malpractice circumstances. It is generally a death that occurs as a result of:
- Misdiagnosis or failure to diagnose
- Nursing negligence
- Birth injuries
- Surgical errors
- Medication errors
- Delayed treatment
- Anesthesia errors
- Defective medical equipment
This list only names a few of the many errors which can occur and cause wrongful death, thus it is very important that you consult with a medical malpractice attorney to guide you through your case and establish whether you have a valid claim or not.
Wrongful Death and Medical Malpractice
The distinction between wrongful death caused by medical malpractice and wrongful death itself can sometimes be confusing to understand.
In short, wrongful death addresses a variety of cases brought on by different circumstances which range from automobile accidents and assault to medical malpractice and medical negligence. Wrongful death itself is a broad category of law which can span across several specialties, whereas wrongful death related to medical malpractice is a specific category in the medical specialty only.
Ultimately, wrongful death as a result of medical malpractice occurs when a healthcare professional is negligent which then causes you or a family member significant harm which leads to death.
Legal Matters
In order to file a wrongful death medical malpractice lawsuit, you would need to consult with a medical malpractice lawyer. This is because there are many elements that need to be considered. Each of these elements differs depending on which state you live in, and so an NYC lawyer who is familiar with NYC medical malpractice law is crucial.
To bring a wrongful death lawsuit to trial, the following criteria must be met:
- That there was a death of a human being
- That this death was caused by a healthcare professional’s negligence (or with their intent to do harm)
- That the family members of the victim are suffering monetary injury as a result of the person’s death
- That a personal representative can be appointed for the decedent’s estate
The law regarding wrongful death is quite broad and medical malpractice is only one component related to wrongful death. This emphasizes the importance of consulting with a medical malpractice lawyer who can distinguish between the different types of wrongful death.
Contact
If you believe that you or a family member may have experienced failure to diagnose, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today and speak to one of our medical malpractice attorneys.
When you are ready to talk, we are ready to listen. Call 212-344-1000 for a free, confidential consultation.
