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.
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.