Medical malpractice is one of the many potential causes of wrongful death, and both may be alleged in the same lawsuit. Wrongful death has many causes as well– but when it is the result of medical malpractice– special rules apply to the lawsuit. To avoid pitfalls, it is important to entrust a seasoned Los Angeles wrongful death attorney with your case.
What is wrongful death?
When someone dies because of someone’s reckless or negligent action– it may be classified as a wrongful death.
Essentially, it is based on the breach of a duty of care owed to the victim by the responsible party. The duty owed depends on the circumstances. For example,
If someone (an individual, a business, or even a government entity) breaches a duty and that breach causes a death, it can be categorized as wrongful death. This can be the result of:
Each situation is unique. It takes a knowledgeable legal professional to spot liability and to craft a successful strategy.
What is medical malpractice?
Medical malpractice is professional negligence by a healthcare professional. Doctors, nurses, hospitals, practice groups, and other medical professionals can be liable when their negligence harms patients through action or inaction.
Common forms of malpractice include:
When medical malpractice causes a non-fatal injury, the victim can file a personal injury lawsuit. When it results in death, the surviving family members may be eligible to file a wrongful death lawsuit that also includes a claim for medical malpractice.
What makes a medical malpractice wrongful death lawsuit different?
Each type of wrongful death case must be filed according to state-specific procedures. However, the procedures for medical malpractice lawsuits are not always the same as for other wrongful death cases. The differences include:
Understand your options to file a medical malpractice wrongful death lawsuit
A wrongful death lawsuit can provide much-needed financial reimbursement and emotional closure to those who have lost a loved one to medical malpractice. A successful legal strategy depends on a thorough understanding of state laws and local procedures.
If you have lost a loved one because of medical malpractice, schedule a free case review with a wrongful death attorney in Los Angeles. We are here to fight for maximum compensation on your behalf.