Medical Malpractice Can Cause Wrongful Death
Medical malpractice can result in the death of a patient. If that happens in California, the deceased’s heirs may have grounds to file a wrongful death lawsuit. There are some distinct differences between medical malpractice lawsuits and wrongful death lawsuits.
The Two Terms Explained
Medical malpractice is the term used when a health care practitioner fails to follow the standards of care with a patient, and that failure results in injuries or death. Wrongful death is when a person is killed due to another’s wrongful acts or negligence. If malpractice by a health care provider results in the death of a patient, the heirs of the deceased may be able to file a wrongful death lawsuit. While the facts and some of the legal elements of the case will share similarities with a medical malpractice matter, the case will be governed by the statutory guidelines of a wrongful death matter.
If malpractice by a health care provider harms a patient but does not cause death, the patient would file a medical malpractice claim. There are certain legal rules that are specific to that type of matter. For instance, the plaintiff (the injured party filing suit) is required to provide a notice of intent to sue to the health care provider prior to the filing of the lawsuit.
It is important to understand the differences between the two types of cases. While medical malpractice can result in a wrongful death lawsuit, there are other types of wrongful death claims that have nothing to do with the medical field, such as violent acts, car crashes, and occupational accidents. The term wrongful death is much broader, and the types of cases that fall under the umbrella of wrongful death are far more varied in comparison to medical malpractice cases.
Examples of Malpractice by a Healthcare Provider
There are many examples of improper standards of care by health care providers that could be the basis for a medical malpractice lawsuit. Here are a few examples:
- Medication mistakes
- Errors during surgery
- Delayed or mistaken diagnosis
- Birth injuries
Different Legal Rules
The laws that govern wrongful death cases in California are different from those that medical malpractice cases must follow. To begin with, only certain people can file a wrongful death claim, depending on their relationship to the deceased. A person harmed by a health care provider can file a “med-mal” lawsuit on his or her own behalf.
The statutes of limitations are also different. A wrongful death claim has a two-year statute of limitations in California, whereas, in a medical malpractice matter, the statute is three years from the date of the injury or one year from the date of discovery of the injury.
The damages available in each type of lawsuit are also different. California law places a cap of $250,000 on noneconomic (pain and suffering) damages in medical malpractice cases. Wrongful death lawsuits have no such limit.
Each type of lawsuit requires that the plaintiff prove negligence, but the standards of care are different in a medical malpractice case than those in a wrongful death case.
Because of the complexities, it is important to consult with an experienced Stockton wrongful death attorney to ensure that your rights are protected.
Watch the YouTube video. This clip is aimed at physicians with tips on how to avoid being sued for malpractice.
Stockton Personal Injury Lawyer
Hello, and thanks for reading. I’m Ed Smith, a personal injury lawyer in Stockton, California. The complexities involved in personal injury matters, which include wrongful death cases, can be confusing. It is important to consult with a skilled and experienced injury lawyer in order to protect your rights and maximize your financial recovery. If you or anyone you love has been injured as a result of another’s negligence, call our office at (209) 227-1931 or (800) 404-5400. We will be happy to provide free and friendly legal advice.
Photo Attribution: https://pixabay.com/photos/stethoscope-doctor-medical-1584223/
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