Seeking Justice for Lost Lives: Wrongful Death Due to Medical Negligence

The sudden loss of a loved one is devastating. When that loss stems from preventable medical errors, the pain can be compounded by a sense of injustice. If you believe your loved one's death resulted from medical negligence, you may have grounds for a wrongful death claim.

Our experienced New York medical malpractice lawyers at the Jacob D. Fuchsberg Law Firm understand the emotional and financial hardships wrongful death brings. You can lean on us while we help you navigate the legal process and fight for the compensation you deserve.

What Is a Wrongful Death?

When someone's death is caused by the negligence or wrongdoing of another person or entity, it is considered to be a wrongful death. This could be due to a car accident, medical malpractice, a defective product, or even intentional acts.

In these cases, surviving family members may be able to file a wrongful death lawsuit to seek compensation for their loss. This lawsuit is separate from any criminal charges that might be filed and focuses on the financial and emotional damages suffered by the surviving family.

What Constitutes a Wrongful Death Resulting from Medical Negligence?

In medical malpractice cases, the concept of wrongful death often applies to situations where a medical professional's carelessness, mistakes, or inaction directly lead to a patient's passing. This means that the medical professional's actions (or lack thereof) deviated from the accepted standard of care within their profession, directly contributing to the patient's death.

Common Medical Mistakes that Can Cause Wrongful Death

The common types of medical negligence include:

• Medical Misdiagnosis: Failure to correctly diagnose a patient's illness can lead to delayed or inappropriate treatment.
• Surgical Errors: Operating on the wrong body part, performing the wrong surgery, or leaving surgical instruments inside the patient can cause extreme harm.
• Medication Errors: Prescribing the wrong medication, administering an incorrect dosage, or failing to consider allergies may lead to side effects and poor reactions.
• Failure to Monitor: Ignoring or neglecting signs of a worsening condition or potential complications may be irreparably harmful.
• Birth Injuries: Improper birthing techniques can lead to harm to the mother or baby.

Unfortunately, medical professionals do not always perform according to the accepted standard of care. If your loved one died as a result of medical negligence, we are here to help you. New York wrongful death attorneys at the Jacob Fuchsberg Law Firm can help you recover damages to ease the financial burden that might have resulted from your loss and bring you a sense of justice.

Who Can Take Legal Action for Wrongful Deaths?

In New York State, under EPTL § 5-4.1, a wrongful death claim can be brought by the following individuals:

• The personal representative of the deceased's estate (often the spouse or closest relative)
• The deceased's spouse
• The deceased's children

If none of the above are living, other dependent family members may be eligible.

Who Can Be Held Responsible for Your Loss?

Depending on the circumstances, several parties may be held liable in a wrongful death claim arising from medical malpractice, including:

Doctors

A doctor's negligence in diagnosis, treatment, or follow-up care can be grounds for a wrongful death lawsuit. If your loved one’s doctor failed to identify a major illness, didn’t order the appropriate tests, or otherwise performed their job poorly in a way that led to your loved one’s passing, they can be held responsible.

Nurses

Nurses have a duty to provide proper care and monitor patients. Failure to do so can lead to liability in a wrongful death case if a nurse ignored patient complaints, did not monitor vital signs, or did not alert doctors to changing conditions.

Hospitals and Other Healthcare Facilities

Hospitals and other healthcare facilities can be held responsible for the actions of their staff or for systemic issues that contribute to medical errors. Thus, you can also sue pharmacists, anesthetists, general practitioners, and medical consultants.

What You Need to Prove Wrongful Death due to Medical Malpractice

To win a wrongful death lawsuit due to medical malpractice, you'll need a death certificate and evidence to establish several key elements:

Medical Records

Evidence must show a formal relationship existed between your loved one and the healthcare provider being sued. This includes medical records, diagnoses, prescription medications, etc.

Breach of the Standard of Care

Attorneys at the Jacob Fuchsberg Law Firm will identify where medical professionals deviated from the accepted standard of care, wrongfully putting your loved one’s health at risk. Expert medical witnesses can testify to the appropriate treatment protocol and how the defendant fell short.

Direct Cause

This is the most crucial element. You must demonstrate a clear link between the doctor's negligence (breach of care) and your loved one's death. Expert testimony can be vital in establishing this causation.

Damages Suffered by Surviving Family

A wrongful death claim can recover compensation for the losses experienced by surviving family members due to the death. This could include lost income, medical bills, funeral expenses, and the pain and suffering experienced by the deceased.

Taking Action After a Wrongful Death

Here are some key steps to take:

1. Gather Information: Collect any medical records, bills, and other documentation related to your loved one's care.
2. Contact an Experienced Wrongful Death Attorney: A Jacob D. Fuchsberg Law Firm lawyer will assess your case, explain your options, and guide you through the process.
3. Get a Free Consultation: We will discuss your case and determine whether you have grounds for a wrongful death claim.

Don't wait to seek legal help. There are strict time limits for filing wrongful death lawsuits. The sooner you contact an attorney, the better chance you have of securing a successful outcome.

What Compensation Can Be Recovered with Wrongful Death Claims?

While no amount of money can truly replace your loss, a successful wrongful death lawsuit can help ease the financial burden and provide some measure of justice. You may be entitled to recover a range of damages.

Damages in NY wrongful death cases compensate you for:

• Lost Income: This covers the future wages and benefits your loved one would have reasonably earned throughout their lifetime.
• Medical Expenses: You can receive compensation for any medical bills incurred for treatment related to the injury or illness that ultimately caused their death.
• Funeral and Burial Costs: A settlement can provide money for expenses associated with the funeral, burial, or cremation of your loved one.
• Loss of Household Services: This covers the value of the unpaid services your loved one provided around the home, such as childcare, housekeeping, or yard work.
• Conscious Pain and Suffering: The value of the physical and mental anguish experienced by the deceased family member before their death can be included.

Our team will assess your situation carefully and build a case that encompasses your complete losses. We’ll do everything we can to make the legal process simple for you during this difficult time.

Understanding the NY Grieving Families Act of 2024

New York State is currently considering the Grieving Families Act. This proposed legislation aims to modernize the state's wrongful death statute by allowing surviving family members to seek compensation for their emotional pain and suffering in cases where wrongful death is established.

If you lost a loved one in New York due to medical malpractice, the Act could allow you to recover additional compensation for your emotional losses.

NY Deadlines for Wrongful Death and Medical Malpractice Claims

It's important to understand the distinction between two key time limits according to the statute of limitations:

In New York, you generally have two years and six months from the date of the alleged medical error or the end of continuous treatment for that specific condition to file a medical malpractice lawsuit.

If your loved one's death results from medical malpractice, you can file a wrongful death claim no later than two years from the date of their passing.

These deadlines are strict, and missing them can significantly limit your ability to pursue compensation.