There is a common doubt regarding the relation between medical malpractice and wrongful death. Medical malpractice may cause death and a subsequent wrongful death lawsuit. On the other hand, all wrongful death cases may not have been caused by medical malpractice. Below is a discussion on the key differences between the wrongful death cases and medical malpractices.
Medical malpractice takes place when the healthcare provider is not careful and the patient suffers damage as a result of this. This may include the whole range of healthcare providers including the nurses, midwives, doctors, hospital staff, pharmacists, or surgeons.
A few examples of medical malpractice are given below:
- Failure to diagnose
- Surgical mistakes
- Birth injuries
- Nursing home issues and abuse
- Belated treatment
- Errors in the incorporation of medication
Note that Medical malpractice could happen at any given point of treatment or during the follow-up process.
Wrongful death is referred to a broader set of events that include medical malpractice along with several other domains. A wrongful death may be defined as the wrongful act, neglect, default of one person or carelessness which causes the death of another person.
Remember that medical malpractice only includes cases of medical negligence, while wrongful death cases may be caused by a variety of circumstances like mentioned below.
- Birth injuries
- Wrong use of medical devices
- Unhealthy food sold in restaurants or other stores
- Nursing home negligence
- Assault (even when the actual death was not intended)
- Automobile accidents due to negligence
- Medical malpractice
- Hazardous state of vehicles
When Medical Malpractice Leads to Wrongful Death
There might be a clear distinction between wrongful death claims and medical malpractice, there are certain things you need to keep in mind.
Who is Eligible to File a Wrongful Death Claim?
In the majority of the cases, the person closest to the deceased is the one who files the wrongful death claim. This may be the child, parent, or spouse. There are also cases when the executor of this person’s estate becomes eligible for a claim. This happens when such a person is identified in the will, instead of one of the deceased person’s relative.
Losing a loved one to medical malpractice or other causes is a very difficult situation to cope. However, you may claim the compensation you deserve through a rightful claim which can be done by consulting wrongful death lawyers.