When a loved one dies due to an accident, neglect, or negligence, it is one of the hardest experiences anyone can face. The emotional impact can be overwhelming, leaving families struggling to make sense of their loss while also dealing with legal and financial consequences. In some cases, the death may be preventable, and the responsible party should be held accountable.
However, determining the best course of legal action can often be confusing. Should you file a wrongful death lawsuit or a medical malpractice claim? These two legal terms are often misunderstood, yet they have very different meanings and consequences.
Understanding the distinctions between wrongful death vs medical malpractice can help you make an informed decision if you find yourself in a position to pursue a claim. Both cases seek justice for families who have lost a loved one, but the circumstances surrounding these claims are different. This article explores these differences, providing clarity on when and why you might pursue each type of case.
What is Wrongful Death?
Wrongful death is a legal term used when someone dies due to the negligence or wrongful act of another individual or entity. The act may be intentional or unintentional, but the key point is that the death could have been prevented had the responsible party acted with proper care. Wrongful death lawsuits are typically filed by surviving family members, such as a spouse, children, or other close relatives. These lawsuits can arise from a wide variety of situations.
Common Causes of Wrongful Death:
- Motor Vehicle Accidents: One of the most common causes of wrongful death is a car accident caused by reckless or negligent driving.
- Workplace Accidents: Some deaths occur due to unsafe working conditions, which can be caused by negligence or lack of adherence to safety regulations.
- Defective Products: When a product malfunctions or is defectively designed, and someone dies as a result, the manufacturer may be held liable.
- Nursing Home Abuse: Elderly individuals who are neglected or abused in nursing homes can suffer fatal injuries, which may lead to wrongful death claims.
- Slip and Fall Accidents: Premises liability cases, such as slipping on a wet floor or tripping over poorly maintained property, can result in fatal injuries.
- Homicide or Assault: Though intentional, homicide or assault cases may still be considered wrongful death claims if a surviving family member is involved in seeking justice.
While wrongful death cases may arise from an accident or neglect, they do not necessarily have to involve medical care or mistakes. In fact, most wrongful death cases stem from situations unrelated to healthcare, like car accidents or workplace hazards.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence or failure to provide adequate care results in harm to a patient. Malpractice can involve errors made by doctors, nurses, pharmacists, or any other medical professional. Unlike wrongful death, medical malpractice directly concerns medical care, and a claim can be filed if a medical provider fails to meet the standard of care expected in their field.
Common Examples of Medical Malpractice:
- Surgical Errors: Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or performing an unnecessary surgery.
- Misdiagnosis or Failure to Diagnose: If a doctor misdiagnoses a condition or fails to diagnose a disease that later becomes fatal, this may be considered malpractice.
- Medication Errors: Administering the wrong medication or incorrect dosage can cause serious harm, including death.
- Birth Injuries: Mistakes during childbirth, such as improper handling of the baby or mother, can result in severe injury or death.
- Failure to Provide Timely Care: A doctor’s delay in providing necessary medical care can lead to worsened conditions, irreversible damage, or death.
In some cases, medical malpractice leads to a patient’s death. When this occurs, the victim’s family may pursue a wrongful death lawsuit in addition to filing a medical malpractice claim. It is important to note that malpractice cases are often more complex than other types of negligence, as they require establishing that the medical provider deviated from the recognized standard of care, which is something that only an expert in the field can testify to.
Wrongful Death Vs. Medical Malpractice: Key Differences
Although both wrongful death and medical malpractice involve claims for deaths caused by negligence, they are distinct in the types of incidents they address and the way they are handled legally.
Legal Definition:
- Wrongful Death: This refers to a death caused by the negligence or wrongful actions of another person, group, or company. The claim can be made for deaths resulting from car accidents, workplace accidents, defective products, or even criminal acts.
- Medical Malpractice: This refers specifically to the failure of a healthcare provider to meet the required standard of care, which results in harm or death. It only applies to cases where medical professionals or institutions are involved.
Parties Involved:
- Wrongful Death: The responsible party can be anyone who causes a fatality through negligence, including individuals, companies, and even government entities.
- Medical Malpractice: Only healthcare professionals or organizations, such as doctors, nurses, hospitals, and clinics, are involved in these claims.
Proof of Negligence:
- Wrongful Death: To prove a wrongful death claim, you need to show that the defendant’s actions (or inaction) directly led to the death of the victim. This can be proved by presenting evidence of unsafe conditions, poor maintenance, or reckless behavior.
- Medical Malpractice: Medical malpractice requires proving that the healthcare provider violated the established standard of care. This is often a more technical and specialized legal process, requiring expert testimony.
Compensation:
- Wrongful Death: The compensation in a wrongful death lawsuit may include funeral expenses, loss of income, loss of companionship, and emotional pain. Family members may receive compensation for their own suffering due to the death.
- Medical Malpractice: In addition to compensation for funeral expenses and emotional distress, medical malpractice claims often include compensation for medical bills, rehabilitation costs, and lost income related to the injury caused by the malpractice.
Statute of Limitations:
- Wrongful Death: The statute of limitations for wrongful death cases varies by state but usually ranges from one to three years from the date of death.
- Medical Malpractice: The statute of limitations for medical malpractice claims is often shorter and can depend on when the malpractice was discovered. In some states, a case must be filed within one or two years from the date of the error.
Can a Wrongful Death Claim Be Filed After Medical Malpractice?
Yes, in certain cases, the family of a deceased person may file a wrongful death claim in addition to a medical malpractice claim. This is common when medical errors, such as delayed diagnosis or surgical mistakes, lead to a fatality.
For example, if a doctor fails to diagnose cancer in a patient, and the patient dies as a result, the surviving family members could pursue a wrongful death lawsuit based on the doctor’s malpractice. They may also seek compensation for medical bills, pain and suffering, and funeral costs.
It is often advised that those pursuing both types of claims work with an experienced lawyer who specializes in wrongful death and medical malpractice cases to ensure that all aspects of the case are handled properly.
How To Pursue a Wrongful Death or Medical Malpractice Claim
Both wrongful death and medical malpractice claims require the expertise of skilled legal professionals. These cases can be complex, and each state has specific laws and deadlines that must be followed. If you believe that a loved one’s death was caused by negligence, it is important to consult with an attorney as soon as possible.
A wrongful death attorney or medical malpractice lawyers will be able to assess the facts of your case, help gather evidence, and navigate the legal process on your behalf. For a medical malpractice case, expert testimony is often needed to prove that the medical provider’s actions were below the accepted standard of care. For a wrongful death case, you must establish that someone else’s negligence directly caused the death of your loved one.
Both types of cases require clear documentation of the circumstances surrounding the death and how the responsible party’s actions contributed to it.
How Tate Accident Law Can Help You with Wrongful Death and Medical Malpractice Claims
If you are dealing with the loss of a loved one due to either wrongful death or medical malpractice, the journey through legal processes can be overwhelming. Whether you are navigating the complexities of a medical malpractice case or pursuing a wrongful death lawsuit, having the right support is vital. At Tate Accident Law, we understand the emotional toll this situation takes and are here to help you pursue the justice your family deserves.
We handle all cases on a contingency fee basis, which means that you do not pay unless we win. We are here to fight for you and your family, so you can focus on healing. If you need help with a wrongful death or medical malpractice claim, reach out to Tate Accident Law today. Let us put our experience to work for you.
