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Recovering for fatal medical errors in New York

A wrongful death lawsuit can help those that have lost a loved one to medical malpractice recover their losses.

Even though physicians and medical professionals require many years of training for their jobs, they are only human and make mistakes from time to time. If the patient survives the medical error, and the error rises to the level of medical malpractice, the patient can sue the responsible party and recover damages. However, what are the recovery options for those killed by malpractice? In such cases, certain family members of the deceased are entitled to recover financial losses in a wrongful death lawsuit.

The purpose of a wrongful death lawsuit is to compensate the deceased’s close family members and financial dependents for economic losses caused by the death. Although this type of legal action is often filed following fatal instances of medical negligence, it is available in other instances where the deceased’s death was caused by someone else’s negligence (e.g. car accidents, etc.).

Overview of lawsuit

In New York, like most other states, the right to file a wrongful death lawsuit is controlled by statute. However, unlike most lawsuits, the aggrieved party (i.e. family members and dependents) does not sue the negligent party directly. Instead, the personal representative of the decedent’s estate sues the responsible party on behalf of the aggrieved family members and dependents, who are called beneficiaries.

All compensation that the personal representative is awarded in the lawsuit is distributed to eligible beneficiaries according to the law. Eligible beneficiaries include only the spouse and minor children of the deceased in the majority of lawsuits. However, any family member that can prove a financial dependence on the decedent is also entitled to share in the proceeds.

In New York, recovery in wrongful death lawsuits is limited to the actual monetary losses caused by the death. This means that noneconomic losses suffered by the beneficiaries, such as loss of companionship and mental anguish may not be recovered. Losses that are compensable under the law include:

• Loss of inheritance

• Loss of decedent’s income

• Decedent’s pain and suffering endured prior to death

• Loss of services and support provided by decedent

• Loss of parental care, nurture and guidance

• Punitive damages (if death was caused by reckless, willful or intentional conduct)

Even if the beneficiaries have suffered no other monetary losses, the decedent’s medical bills and funeral expenses may be recovered.

Get the assistance of an attorney

In cases of suspected medical malpractice, demonstrating that the death was wrongful requires proving that it was caused by a medical provider’s failure to meet the minimum standard of care. This is often a tricky thing to prove, as it requires expert testimony. As a result, it is vital to have the assistance of a medical malpractice attorney throughout the process. The seasoned attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can work with established medical experts to establish the presence of medical negligence, giving you the best chance of a successful recovery.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
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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