$I Billion for Injured New Yorkers
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
Rosenberg, Minc, Falkoff & Wolff, LLP - New York Medical Malpractice Lawyers
Experienced & Trusted Medical Malpractice Lawyers
Call today for a Free Consultation
1-866-516-5887
Header

New York City Medical Malpractice Law Blog

Wrongful Death and Civil Law

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Wrongful Death on Friday, May 24, 2019.

Wrongful death is the legal and medical term used to describe your death, or the death of someone you know, due to the negligence or reckless behavior of other people or institutions. In the medical context, and in medical malpractice law, these people are doctors, nurses, hospital administrators, and other healthcare professionals or healthcare organizations.

Wrongful Death Claims

Generally, it is your immediate family who will seek a wrongful death claim in the instance of your wrongful death. The most common reason for your family wanting to file a wrongful death lawsuit is to obtain compensation for the damages that have occurred as a result of your death. These damages can be financial and/or emotional.

It’s important to remember that a wrongful death lawsuit is not a criminal case. It is a civil action which requires the gathering and presenting of evidence for the claim to be settled.

Filing a Wrongful Death Claim

It is always best to consult with a qualified medical malpractice attorney when filing a wrongful death lawsuit. This is because medical malpractice law is quite complex, and the laws differ from state to state. You will need an NYC medical malpractice lawyer to assist you and ensure that the following key elements were involved in your, or a family member’s, wrongful death.

These key elements include:

  • Negligence - Your family will need to prove that your death occurred as a result of negligent actions and behavior from the healthcare professional/s and/or medical institution who was in charge of your care.
  • Breach of Duty - Your family will need to prove that the healthcare professional/s and/or institution that oversaw your care had a duty to you to provide the best possible care and maintain your health. This duty will need to be defined and your family will need to explain that it was breached by the healthcare professional/s and/or institution involved.
  • Causation - Your family will need to prove how this duty was breached by the healthcare professional/s and/or medical institution, as well as validate that this breach of duty is what caused your death.
  • Damages - Your family will need to prove that your death created quantifiable financial damages as well as pain and suffering to you and/or them. Your family can also prove that your death has created quantifiable financial damages as well as pain and suffering to them after you died and not just during your treatment whilst you were alive.

These wrongful death elements can be difficult to prove in an NYC medical malpractice lawsuit, and even if they are accurately proven, they will need to be effectively delivered in court - another reason why you should consult with a qualified NYC medical malpractice attorney.

Contact

If you believe that a family member may have experienced a wrongful death, 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 1-866-516-5887 for a free, confidential consultation.

 

LEARN ABOUT MEDICAL MALPRACTICE CASES IN NYC

LISTEN TO OUR CLIENTS

CASE OF THE MONTH

$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

MED MAL BLOG

RMFW ON TWITTER

EXPERIENCED & TRUSTED MEDICAL MALPRACTICE LAWYERS

  • Top Lawyers 2016
  • Litigator Awards
  • Verdicts and Settlement Hall of Fame
  • BBB Accredited Business | A+
  • Avvo Rating 10.0 Superb | Top Attorney Medical Malpractice
  • Rated By Super Lawyers | Daniel C. Minc | 5 years
Call 1-866-516-5887 or email us to set up your free, confidential consultation.
Our experience can make a difference for you.

Office Locations - Call today to schedule a consultation 1-866-516-5887

16 Court Street
|
Brooklyn, NY 11241|

Brooklyn Law Office

3101 Broadway
|
Astoria, NY 11106|

Astoria Law Office

8900 Sutphin Blvd
Suite 501
|
Queens, NY 11435|

Queens Law Office

9201 4th Ave
|
Brooklyn, NY 11209|

Brooklyn Law Office

Firm News

Robert H. Wolff Named President
Firm Attorney, Robert H. Wolff is now the president of the New York City Bronx County Bar Association
About This Attorney