Losing a loved one is a devastating experience. When that loss is caused by the preventable mistake of a trusted medical professional, the grief is compounded by a profound sense of injustice. You placed your family member’s life in their hands, only to break that trust with irreversible consequences.
If a healthcare provider’s negligence led to the death of someone you love, a New York medical malpractice death lawyer can help your family fight for accountability and the financial security you deserve.
Families navigating a wrongful death often feel overwhelmed, silenced, and unsure where to turn. Whether the death was caused by a fatal surgical error, a missed diagnosis, a birth injury, or a medication mistake, you are not alone in your fight for justice.
Holding negligent caregivers accountable is about more than compensation; it's about honoring your loved one’s memory and ensuring their loss was not in vain.
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Table of Contents
- What Is a Wrongful Death Claim for Medical Malpractice?
- Does My Family Have a Wrongful Death Case?
- What Compensation Is Available in New York Wrongful Death Cases?
- Why Choose Queller Fisher to Represent Your Family?
- What to Do While Grieving the Loss of a Loved One
- FAQ Section for New York Wrongful Death Lawyer
- You Deserve Justice. We Can Help.
What Is a Wrongful Death Claim for Medical Malpractice?
A wrongful death claim arises when a healthcare professional’s failure to meet the established standard of care directly causes a patient’s death. Not every death in a medical setting is grounds for a lawsuit; it occurs when a preventable error or act of negligence proves fatal.
Common examples include:
- Fatal Misdiagnosis or Delayed Diagnosis
A failure to diagnose cancer, heart attacks, strokes, or infections in time, which robs a patient of life-saving treatment. - Fatal Surgical Errors
Mistakes during surgery, such as internal bleeding, organ perforation, or failing to address complications, that lead to a patient’s death. - Fatal Birth Injuries
Errors during labor and delivery that cause the death of the mother or child due to conditions like oxygen deprivation or hemorrhaging. - Fatal Medication Errors
Prescribing or administering the wrong drug, a lethal dosage, or a medication to which the patient had a known allergy. - Fatal Anesthesia Mistakes
Mismanagement of anesthesia that results in cardiac arrest, brain death, or other fatal complications. - Fatal Hospital Neglect
Inadequate staffing or poor protocols leading to deadly falls, untreated sepsis, or other preventable conditions.
These complex cases require a thorough investigation, deep knowledge of medical standards, and the ability to challenge well-funded hospitals and insurance companies. That’s why working with experienced wrongful death attorneys is vital to protecting your family's rights.
Does My Family Have a Wrongful Death Case?
If you are unsure whether your loved one's death qualifies, know that a successful claim typically requires two elements:
- Deviation From Accepted Medical Standards
The healthcare provider acted in a way that no reasonably skilled and competent provider would have under similar circumstances. - Death Resulting From Negligence
The provider's negligent act was a direct cause of your family member’s death.
Even when negligence seems clear, New York law has a strict statute of limitations. Generally, a wrongful death lawsuit must be filed within two years from the date of death. To avoid missing this critical deadline, it is essential to act quickly.
What Compensation Is Available in New York Wrongful Death Cases?
While no amount of money can replace your loved one, compensation can provide financial stability for your family’s future. In a wrongful death claim, surviving family members can pursue damages for:
- Medical Costs
This includes all medical expenses incurred to treat your loved one's injuries before their passing. - Lost Financial Support
Compensation for the wages, benefits, and inheritance the deceased would have provided to the family. - Funeral and Burial Expenses
The reasonable costs associated with your loved one’s funeral and burial services. - Loss of Guidance and Support
The value of the parental care, guidance, and nurturing the deceased would have provided to their children. - Conscious Pain and Suffering
Damages for any pain and suffering your loved one endured between the act of malpractice and their death.
New York law caps attorneys’ fees in malpractice cases to ensure families receive fair compensation. Fees start at no more than 30% for the first $250,000 recovered, prioritizing your family’s needs.
Why Choose Queller Fisher to Represent Your Family?
Choosing the right legal team provides the strength you need during this difficult time. At Queller Fisher, we bring more than 48 years of courtroom victories and compassionate client advocacy to every case. When you work with our firm, you gain a partner with an unmatched history of excellence.
Here’s what sets us apart:
- Proven Results
We have recovered over $1 billion for individuals and families who have suffered due to negligence. Our ability to secure life-changing settlements and verdicts demonstrates our unwavering commitment to justice. - Unwavering Recognition
Our firm is consistently named among the Best Law Firms in the New York Metro area by U.S. News & World Report. Our attorneys are also honored by Super Lawyers® and Best Lawyers in America®. - Respected Leadership
We are recognized leaders in trial law. Our attorneys lecture other professionals on trial techniques and advise on medical malpractice standards, sharing the expertise that wins cases. - Fierce Advocates with Compassion
We understand the immense grief your family is facing. We see you as people, not case numbers, and our mission is to secure justice with the guidance and respect you deserve. - Strategic Representation
Wrongful death cases are nuanced. We use top medical experts, detailed investigations, and trial-tested strategies to hold powerful hospitals, insurers, and corporations accountable.
When your family’s future is on the line, trust a team with the experience, dedication, and resources to fight for your lost loved one.
What to Do While Grieving the Loss of a Loved One
Your family’s emotional well-being is the priority. While you focus on grieving and supporting one another, an experienced attorney can handle the legal burdens. However, these steps can help strengthen your claim:
- Preserve All Records
Gather all medical reports, bills, prescriptions, and the death certificate. These documents are crucial for building a case. - Request an Autopsy
If the cause of death is unclear, an independent autopsy can provide critical evidence linking the death to medical negligence. - Document the Impact
Keep a journal detailing how the loss has affected your family emotionally and financially. This testimony can be incredibly powerful. - Consult Legal Representation Early
Partner with a trusted attorney who can secure evidence, meet legal deadlines, and guide you while you focus on your family. - Be Mindful of Conversations
Avoid discussing your situation online or with the hospital’s representatives and insurers without legal guidance. Your words can be used against you.
Above all, allow your family time to grieve. Leaning on loved ones, support groups, or a therapist is essential for navigating this unimaginable loss.
FAQ Section for New York Wrongful Death Lawyer
1. Who can file a wrongful death lawsuit in New York?
The claim must be filed by the personal representative of the deceased's estate, who is often a close family member named in the will or appointed by the court.
2. Can we sue a public hospital for wrongful death?
Yes, but special rules apply. A "notice of claim" must typically be filed within 90 days of the incident. It is vital to contact an attorney immediately to preserve your rights.
3. How do you prove the death was caused by malpractice?
We work with highly qualified medical experts who review the records and provide testimony to establish how the provider's negligence directly caused the death.
4.What if my loved one was retired or unemployed?
Your family may still be able to recover significant damages for the loss of services, guidance, and companionship, in addition to compensation for their pain and suffering before death.
5. What’s the difference between a wrongful death and a survival action?
A wrongful death claim compensates the surviving family for their losses. A survival action, often filed alongside it, compensates the estate for the pain and suffering the deceased experienced before they died.
6. Can we sue for wrongful death if a family member passed away from a misdiagnosed illness?
Yes. If it can be shown that a timely and accurate diagnosis would have likely saved their life, the failure to provide one is grounds for a wrongful death claim.
7. How long does it take to resolve a wrongful death case in New York?
The timeline varies depending on the case’s complexity and whether it settles or goes to trial. It can range from several months to a few years.
8. Can we file a lawsuit if malpractice aggravated a pre-existing condition, leading to death?
Yes. If you can prove that the provider's negligence significantly worsened an existing condition and hastened your loved one's death, you may have a valid claim.
9. Are there limits on damages in a New York wrongful death case?
New York does not cap compensatory damages for economic losses or pain and suffering. However, there are limits on attorneys' fees to ensure the family receives the majority of any award.
10. Will our case go to trial, or will it be settled?
Many wrongful death cases are settled out of court. However, our attorneys prepare every case as if it will go to trial to ensure we are ready to fight for the maximum compensation your family deserves.
You Deserve Justice. We Can Help.
The loss of a family member to medical malpractice leaves a void that can never be filled. While you navigate your grief, our team at Queller Fisher will stand firmly in your corner, working tirelessly to hold the negligent parties responsible.
New York law provides a path to justice, but it is your action that ensures your loved one’s voice is heard. If you are ready to seek accountability and secure the financial stability your family needs to move forward, contact us today.
Our offices serve Brooklyn, Queens, the White Plains, and all surrounding counties, including Nassau, Suffolk, and Westchester. Call us now for a free, compassionate consultation and take the first step toward honoring your loved one’s memory.
With Queller Fisher by your side, you don’t have to face this injustice alone. One call is all it takes to start fighting back.
Don’t wait to get the answers you need. Call us now at (212) 406-9800 or fill out our online form to schedule your free consultation. One call is all it takes to start fighting for the justice your loved one deserves.
Queller, Fisher, Washor, Fuchs & Kool - New York Office
233 Broadway #1800,
New York, NY 10279
Ph: (212) 406-1700