Our New York medical malpractice attorneys protect the rights of victims killed due to medical negligence. Injuries caused by medical malpractice are often severe; in some cases, they can end in a patient's death. When medical negligence results in death, the victim's family may face numerous hardships. 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 medical negligence may be able to recoup compensation for any damages incurred. At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our New York medical malpractice attorneys have been defending deceased patients' families for over 60 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.
What Are Some Examples Of Wrongful Death Cases Involving Medical Malpractice?
Our lawyers handle many wrongful death cases involving medical negligence, including:
- Failure To Diagnose Illness Or Disease
- Surgical Negligence
- Hospital Negligence
- OB/GYN Malpractice
- Birth Injuries
- Cancer Misdiagnosis
- Heart Condition Misdiagnosis
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: 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 refer to 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 A Medical Malpractice Attorney Help The Family Of A Deceased Patient?
Families of individuals who have died following a medical procedure should seek the counsel of an experienced medical malpractice 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 2 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. Our New York medical malpractice attorneys have been handling wrongful death claims for over 60 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.
Do Your Medical Malpractice Attorneys Handle Cases Involving Fatal Birth Injuries?
Yes. If you have lost an infant to wrongful death, you can turn to our New York medical malpractice attorneys for help. We work diligently to help parents hold negligent parties accountable for the death of their child.
Parents who lose a child experience some of the worst possible grief. The parental instinct to protect and care for a child leaves many parents feeling helpless after a wrongful death. When the death could have been prevented, most parents are justifiably angry as well. While we understand that money cannot bring your child back, we know that there is some measure of comfort in receiving justice for your child. You may also find solace in knowing that you may have prevented the same tragedy from happening to another family.
How Do Fatal Birth Injuries Occur?
The death of an infant can be the result of medical malpractice during prenatal care, birth or postnatal care. Some of the most common birth injuries and instances of malpractice include:
- Brain Damage
- Forceps Damage To The Skull And Brain
- Intraventricular Hemorrhage
- Oxygen Deficiency
- Hypoxic-Anoxic Encephalopathy
- C-Section Errors
- Failure To Perform A C-Section
- Medication Errors
Our law firm’s success with complex birth injury claims is well-known. Our medical malpractice attorneys have obtained many successful verdicts and settlements in this area of law.* Working with medical experts, we will gather and review your child’s medical records and conduct an investigation. Your family may be eligible for compensation for medical bills, pain and suffering, funeral expenses and the loss of a loved one.