![Wrongful Death Attorney](https://lirp.cdn-website.com/c9260c8d/dms3rep/multi/opt/10-Questions-to-ask-an-accident-attorney-1920w.png)
![Wrongful Death Lawyer](https://lirp.cdn-website.com/c9260c8d/dms3rep/multi/opt/10-Benefits-of-Hiring-a-Personal-Injury-Lawyer-ac04dbcc-1920w.png)
In general, with wrongful death, as the name suggests, there is a fatality, whereas with medical malpractice, besides death, the victim may also suffer many other types of injuries, such as paralysis, loss of function of the extremities, loss of vision, inability to work, speak or eat, and much more.
A medical malpractice wrongful death attorney can help you navigate through the laws.
A medical malpractice claim usually occurs when a healthcare professional, such as a nurse or a doctor, provides care that is deemed to be below the accepted standard of care resulting in a negative effect on the patient. Other healthcare workers that may provide negligent care include dentists, therapists, pharmacists, midwives, and laboratory technicians.
Medical malpractice may not always result in the death of the patient. Medical malpractice can result from the following:
On the other hand, a
wrongful death claim usually arises when an individual is killed because of the negligent or careless actions of another or the failure to act. Some of the more common causes of wrongful death include:
To claim wrongful death vs. medical malpractice, one also has to show that the survivors have sustained some type of financial damages, which may include:
Even though a medical malpractice case may have occurred, it can be very difficult to prove in court. The reason is that medicine is not perfect and almost every treatment/ procedure does have risks and complications; therefore, the medical malpractice
wrongful death attorney has to prove that the healthcare provider's actions were below the accepted standard of care.
For example, if a patient with a stroke arrives at the emergency room complaining of weakness, then a stat CT scan of the brain and treatment has to be initiated within four hours for a full recovery. This is the current standard of care all over the USA.
If the emergency room physician, however, fails to get a CT scan (for whatever reason) or if the treatment is delayed for six hours and the patient suffers permanent brain damage and dies, then the physician was negligent and his or her actions were below the accepted standard of care.
In almost every medical malpractice case, the medical malpractice wrongful death attorney will need to seek expert medical advice to determine where the actions of the doctor fell below the accepted standard of care. Consulting with medical experts can be very expensive. The defendant will also produce his/her own medical experts to defend his or her position, and, in the end, the jury will decide the case.
Outside of medical malpractice, investigating, and proving wrongful death from other causes, the plaintiff is also tasked with the same burden of proof as any other personal injury claim. The lawyer has to show that the defendant owed the victim a duty of care, that he or she failed in this duty, thus resulting directly or indirectly in the death of the victim.
For example, let’s say a father regularly goes to a coffee shop near his home for his morning coffee. One morning he arrives and slips on a wet floor, hits his head on the edge of the heavy countertop table, and collapses. He is taken to the hospital but dies from severe brain injury. The coffee shop employee who mopped the floor early that morning forgot to place a “wet floor” sign after finishing the task. Now that the father has died, the family can file a wrongful death lawsuit against the coffee shop for failure to place a wet floor sign that led to his untimely death.
Wrongful death vs. medical
malpractice statute of limitations: it is important to note that there is a statute of limitations on filing a wrongful death claim. This period is two years from the time of death; with medical malpractice, the statute of limitations is three years.
The reason for the longer timeframe for a medical malpractice lawsuit is that the medical file of the victim has to be carefully evaluated by medical experts and depositions are required if the case goes to trial, which can be very time-consuming.
If a member of your family has suddenly died at the hands of a healthcare provider or in hospital, the only way to determine if there is medical malpractice involved is to first
seek a consultation with a medical malpractice wrongful death attorney. The lawyer will most likely request the medical chart of the patient from the healthcare provider and send the file to a medical expert to determine negligence and the cause of death.
If there is negligence, carelessness, or failure to act that caused the death, the lawyer will then file a case of wrongful death on your behalf. In Arizona, call the
Law Offices of Richard A. Gullette at 1-602-230-2916 to speak to a knowledgeable representative who can help answer your questions.