Wrongful Death in Medical Malpractice
New York Wrongful Death Lawyers
Injuries caused by medical negligence are often severe; in some cases they can end in a patient's death. When medical malpractice results in the death of a patient, the victim's family may face numerous hardships. Economic hardships are common for families who have recently lost a loved one. Victims' families may be forced into debt due to medical bills accrued before their loved one's death, funeral costs, and the loss of an essential income. Additionally, families may suffer numerous emotional hardships following the wrongful death of a loved one. As a result, families who have lost a loved one due to a doctor's negligence may be able to recoup compensation for any damages incurred. At Queller, Fisher, Washor, Fuchs & Kool, our New York wrongful death lawyers have been defending deceased patients' families for over 50 years. We understand the hardships that can be caused by the sudden loss of a loved one. As a result, we are committed to pursuing maximum compensation for all of our clients.
Have you recently lost a loved one during or shortly after a medical procedure? Do you believe your loved one's doctor may have acted negligently? If so, you may have grounds to file a wrongful death lawsuit. For a free review of your legal options, call 212-406-1700 or fill out our online case review form. Queller, Fisher, Washor, Fuchs & Kool will review your claim to see how we may be able to help you.
Does Your Loved One's Death Present Grounds for a Medical Malpractice Lawsuit?
While families of deceased patients may be entitled to compensation, a death following a medical procedure is not in and of itself grounds for a claim. In order to have a valid medical malpractice lawsuit, the victim's family must be able to prove that several factors occurred:
- Negligence: In order to have a valid medical malpractice lawsuit, the victim's family must be able to prove that the doctor or their staff acted negligently. In order to prove negligence in a medical malpractice case, the plaintiff must be able to prove that the attending doctor failed to adhere to the accepted standard of care of the medical community in that field.
- Causation: Negligence isn't in and of itself grounds to file a lawsuit. In addition to negligence, the plaintiff(s) must also be able to prove causation. To prove causation, the plaintiff has to show that the doctor's negligence was directly responsible for the patient's subsequent injury and death. For instance, if a doctor orders the wrong test based on the patient's symptoms, they can only be found liable if the plaintiff can prove that the patient's death was directly attributable to the doctor's failure to order the correct test.
- Damages: In addition to negligence and causation, the plaintiff must have suffered damages in order to have a valid wrongful death lawsuit. Damages are any economic or non-economic loss caused by the patient's death. Economic damages are any financial hardship placed on the plaintiff, such as loss of an essential income, high medical bills, or funeral costs. Non-economic damages consist of emotional loss and pain and suffering, such as loss of consortium, loss of parental guidance, and pain and suffering prior to death.
How Can an Attorney Help the Family of a Deceased Patient
Families of individuals who have died following a medical procedure should seek the counsel of an attorney as soon as possible. Due to the statute of limitations, families of deceased patients only have a finite amount of time to file a lawsuit. The statute of limitations is a law that specifies the amount of time following a given event that an individual has to file a claim. In New York, the statute of limitations for filing a wrongful death claim is typically 2 years. Failure to file a claim within two years of a wrongful death can result in patients' families being forever barred from receiving the compensation they may deserve. As a result, the importance of contacting a lawyer after the death of a loved one cannot be overstated. At Queller, Fisher, Washor, Fuchs & Kool, our New York medical malpractice lawyers have been handling wrongful death claims for over 50 years. Our attorneys understand the need to file a claim before the statute of limitations expires. As a result, our attorneys meticulously go over all of our clients' cases to ensure that they are filed in time to get the compensation they may deserve.
If you've recently lost a loved one during or shortly after a medical procedure, you may have grounds to file a wrongful death lawsuit. For a free, no obligation case review, call 212-406-1700 or contact us online.