Wrongful Death Caused by Medical Malpractice

John Fisher
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Stopping Medical Injustice

Unfortunately we all have to cope with death.  It is easier for some than others, and often times it is the circumstances that surround a loved one’s death that can be the most troubling.  One of the most traumatic events from which to emotionally recover are cases in which a loved one died as a result of a medical professional’s negligence. 

In the Hudson Valley regions of New York, dedicated and experienced attorneys have chosen medical malpractice litigation as their specialty.  They do this because they have a unique understanding of the field and a sincere empathy for people wronged by a negligent medical professional.  They understand that people look to doctors for help and when such turns into harm, there exists a troubling sense of extreme violation. 

Families of patients who have been killed by a negligent doctor must know that they too have rights and they can still sue the negligent medical professional even though their relative died. 

The two avenues for civil compensation are wrongful death suits and survival actions.  Each is unique and both can be used together so that the offending medical professional is held accountable for their medical malpractice. 

Wrongful Death:

A relative sufficiently close in biological or legal relation to the decedent can commence a wrongful death action.  Parents, children (including adopted children), brothers, sisters, and a husband or wife to the decedent are persons eligible to commence the wrongful death action. 

These people are allowed to sue the negligent doctors because they most likely have suffered very tangible damages that which were caused when the negligent doctor caused their relative’s death.  Funeral costs can be compensated, so too can medical expenses incurred by the family.  Any financial assistance and support that the decedent was providing to the loved ones can be recovered from the offending doctor. 

Survival Actions:

The wrongful death action discussed above addresses harm suffered by surviving relatives; this is the relatives’ claim.  Survival actions are very different. 

The survival action compensates the decedent’s estate for losses attributable to the medical professional’s negligence.  This is the decedent’s claim, but it is carried out by other people who are doing so on behalf of the decedent. 

Usually a person designated as a personal representative for the decedent will commence the survival action.  Everything gained from the suit will funnel into the decedent’s estate; compensation for pain and suffering, economic loss, and the like.    

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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