Is Death From Medical Malpractice A Case Of Wrongful Death?


If someone dies because of medical malpractice, it is a case of wrongful death. Although not all wrongful death cases are related to medical errors, a death from medical malpractice falls under wrongful death, and you can take legal action against it.

Nevertheless, it is essential to understand the differences between these two terms before filing a claim in court. If you have questions about your medical malpractice claim, an attorney can answer them for you.

What is Medical Malpractice?

Medical malpractice occurs when a patient gets hurt because of the negligence and carelessness of healthcare workers, which causes them to deviate from the standards in their profession. This includes not only your doctor but nurses, surgeons, midwives, hospital staff, and pharmacists.

Medical malpractice can occur due to various reasons such as errors in diagnosis, treatments, medication errors, delayed treatment, misleading lab test results, premature discharge of the patient from the hospital, etc.

Medical errors can prove fatal in many causes and are the third leading cause of death in the USA. Recent studies have estimated that around 251,000 patients die annually because of medical faults.

What is Wrongful Death?

Wrongful death occurs when a person’s neglect, carelessness, or recklessness causes the death of another person. Some cases of wrongful deaths are even intentional. Usually, the victim’s family or close relatives file a lawsuit and take civil action against the person responsible for the death.

Examples of wrongful death may include the following:

  • Car/motorcycle accidents
  • Defective products
  • Expired food
  • Pedestrian accident
  • Medical malpractice

If your loved one has had to face death because of medical malpractice, a skilled lawyer can help you establish it as a wrongful death case and seek financial compensation from the court.

When does a case of medical malpractice become a case of wrongful death?

To establish a case of medical malpractice as wrongful death, you will need to prove the doctor’s negligence to the court. You have to prove that the doctor was supposed to provide safe treatment and protect your relative from harm, and they failed to do so because of their negligence or omission.

You must also prove that the death of your loved one has put you through significant financial and other losses, and you need to get compensated for that. If you meet all the criteria, you may be able to file a claim.

How a lawyer can help:

Everyone goes to the doctor in the hope of getting well. Losing a loved one because of a doctor’s mistake must anger one to their core. A lawyer can provide you with guidance and help you find evidence and witnesses for your claim. They will also help you to get as much compensation as possible to cover all your economic losses.

Contact the Jackson Law Group today to find the perfect lawyer to represent you.

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