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Wrongful Death

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:

  1. That there was a death of a human being
  2. That this death was caused by a healthcare professional’s negligence (or with their intent to do harm)
  3. That the family members of the victim are suffering monetary injury as a result of the person’s death
  4. 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.


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.


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April Johnson
April Johnson
15:54 30 Jun 23
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Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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