Wrongful deaths and deaths related to medical malpractice aren’t the same, and the difference is important to your case. A person’s death as a result of another person’s intentional act or negligence is a wrongful death case. A wrongful death lawsuit can be filed for deaths related to car crashes, intentional killings, police killings and other accidents.
Key Differences Between Medical Malpractice and Wrongful Death Cases
Medical malpractice cases are more specifically focused on the conduct of a health care provider. For these cases, you’ll want to show the doctor or professional’s care fell below an acceptable level in the profession. For example, misdiagnosing a disease by misreading a chart could be a sign of malpractice. Medical malpractice is separate from a wrongful death claim. This means that families that have lost a loved one might be able to file both a medical malpractice lawsuit as well as a wrongful death case.
It’s important to understand these types of lawsuits generally have a cap on the award, whereas a wrongful death lawsuit may not. It’s a good idea to talk to your attorney about the possibility of filing both cases or filing the one that suits your situation best. Depending on the circumstances, you may have a better chance of winning a wrongful death case than a malpractice case, or vice-versa. To avoid spending unnecessary time or money, you should have a professional review your case and discuss the options for obtaining compensation for the death.
Get help if you or a family member has a potential wrongful death or medical malpractice claim. An experienced attorney analyzes negligence in every case. The attorney advises how to proceed. For further information or to schedule a free initial consultation call 866.452.3741 or visit www.merdes.com.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do.
Source: FindLaw, “Wrongful Death vs. Medical Malpractice”
