The death of a loved one is never expected by any family. If a victim of medical malpractice died from the negligence of a doctor, nurse, hospital, or medical facility, then a wrongful death claim may be filed. Wrongful death cases address damages victims can recover differently than other medical malpractice claims.
The biggest difference between a wrongful death claim and other types of medical malpractice cases relates to the types of damages that can be claimed by the heirs. Under California law, any pain and suffering the decedent suffered before death is not recoverable by the heirs. There is an exception however and that relates to elderly abuse. The family of a patient who has lost their life due to nursing home negligence or nursing home abuse can sue for damages for pain and suffering that the decedent experienced before death. The California legislature added this specific law in order to protect elderly people who are most vulnerable to abuse, after seeing an alarming number of nursing home abuse incidents. The idea here was to curb future abuses to the elderly in nursing homes and assisted living facilities.
Determining how much money the victim's family in a wrongful death case will receive can be complicated. Add to that, some states restrict how much money victim's families may recover. California is one such state restricting the amount of non-economic damages for the plaintiff to $250,000. However, it is important to note that the $250,000 limit is for non-economic damages; regarding economic damages, there is no set limit. The income and age of the wrongful death victim play a large part in how much economic damages may be awarded in a wrongful death case. California even recognizes economic value for non-monetary services a wrongful death victim may have provided to his or her family, such as child care. Therefore it is very important when selecting a California wrongful death attorney to make sure the attorney is familiar with all the rules regarding wrongful death claims for the state of California.
Another complication with wrongful death cases involves the elderly or patients with complex underlying medical conditions. In situations like this an autopsy often is not conducted and the cause of death is left to the opinion of the doctor. Even when an autopsy may be provided under these circumstances, it may not provide adequate evidence that negligence caused the death.
Who are the plaintiffs in a wrongful death case?
- The plaintiffs of a wrongful death case are the heirs to the descendant
- If the wrongful death involves a child, the parents are the heirs
- If the wrongful death victim was married, then the heirs are the spouse and any children
- If the patient was not married, then the heirs would be the children.
- If the victim had no children, then the heirs would be the parents. If the parents are not alive, then the heirs would be the victim's siblings.
The death of a family member is one of the most unpleasant experiences a family can be faced with. In a situation like this, the grieving family has the right to know what caused the death of their loved one and they are entitled to proper compensation for their loss. This includes both the non-economical and economical losses they incur. Dr. Bruce Fagel is both a leading wrongful death attorney and a licensed physician. Dr. Fagel understands how to interpret the medical records and autopsy report, and how to ask the right questions from the medical staff in order to get the family members the answers they need. Choosing the right wrongful death attorney can help a grieving family get the compensation they deserve. Visit wrongful death video for more information.