Wrongful Death Lawsuit and Medical Malpractice

Perhaps one of the most difficult situations a family must face is the unexpected death of a family member.  In the area of medical malpractice, a wrongful death claim is filed by the family of a victim that was killed as a result of the negligence caused by a doctor, nurse, medical professional or medical facility.  The wrongful death lawsuit protects the dependents of the victim by providing them with compensation for economic and non-economic losses caused by the wrongful death.

For medical malpractice cases, a wrongful death claim provides the family of the wrongful death victim compensation for their loss.  A wrongful death attorney will examine the medical records and autopsy report (if available) to determine what the cause of death was and who was responsible.  Sometimes an autopsy report may not be available, such as when a patient with underlying medical conditions or an elderly patient dies.  If an autopsy report is not available, the doctor who was treating the wrongful death patient may provide his or her opinion as to the cause of death instead.

In order for a wrongful death claim to proceed, it requires the following elements:  

• The death was caused by the conduct of the medical professional or medical facility
• The defendant was negligent or liable for the patient's death
• There is a surviving spouse, children, beneficiaries or dependents
• Monetary damages have resulted from the patient's death

The plaintiffs in a wrongful death case are the heirs to the descendent.  If the wrongful death victim was married and had children, then the heirs would be the spouse and children.  If the wrongful death victim was a child, then the parents are the heirs.  If the victim was not married but had children, then the children would be the heirs.  If the victim was not married and did not have children, then the parents would be the heirs. If the victim's parents were no longer alive, then the heirs would be the victim's siblings.

Since 1975, California law has limited recovery of non-economic damages in all medical malpractice cases, including wrongful death claims, to $250,000. Only when there are economic losses suffered by the heirs as a result of a death can the heirs recover more than $250,000. Also, the limitation on such non-economic damages is applied to all heirs in a wrongful death claim collectively, so that all heirs must share in the recovery.

Although there is a non-economic damage limit of $250,000 for a wrongful death claim, there is an exception.  Due to the number of nursing home abuses that California courts have seen over the years, California legislature has added specific laws that are meant to protect elders in the care of nursing homes and assisted living facilities. Under California law, the families of a patient who has lost his or her life due to nursing home abuse or negligence can sue for damages for pain and suffering that the decedent experienced before death. No other wrongful death cases allow for such recovery.

If you lost a member of your family due to a wrongful death from medical malpractice, you may have a wrongful death claim.  It is important that you consult with a wrongful death attorney who is familiar with the various laws of a wrongful death claim, including the laws regarding economic value of services provided by the victim to his or her family.  Dr. Bruce Fagel has helped many families recover damages from wrongful death due to medical negligence.  You can also view a wrongful death video for more information about wrongful death from medical malpractice.