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How are damages different in a wrongful death case?

On Behalf of | Jan 18, 2019 | Wrongful Death |

Whenever someone passes away as a result of a doctor’s error, the family members of the deceased may have the right to pursue wrongful death claims. A wrongful death claim related to medical malpractice, however, is different from a claim related to a car accident, drowning or premises liability incident. That’s because of the environment and circumstances that might lead to a malpractice death.

Close family members in medical malpractice wrongful death claims might pursue the following types of damages:

Pain and suffering

When a doctor makes health-damaging errors, the patient may experience tremendous pain and suffering prior to death.

Medical costs

Although a patient may be responsible for medical treatment costs prior to the doctor’s errors, the doctor could be liable to pay for medical treatments and other costs related to the errors and/or caused by the errors.

Loss of consortium

This relates to the damages and losses of relationship, affection, family services and other types of damages endured by the people closest to the deceased person, like children and spouses.

Lost wages and lost future wages

This relates to the reduction in family income caused by the death.

Punitive damages

When a doctor’s actions were particularly wrongful, purposeful or grossly negligent, then punitive damages may be appropriate.

Learn more about claiming wrongful death damages by getting in touch with the medical malpractice team at our law offices. Our firm is happy to discuss the details of your case with you while offering direction with regard to your legal rights, options and best next steps.


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