Claims for wrongful death are a specific type of medical malpractice action where a patient died due to medical negligence. Such legal claims should prove that the fundamental reason for the wrongful death was due to medical negligence or malpractice on behalf of the hospital or doctor. However, the damages and the compensation recovered in such medical malpractice cases that result in a wrongful death are different from the other claims for medical malpractice under the laws of California.
Dr. Bruce G. Fagel is a physician and an attorney who represents plaintiffs in legal cases of medical malpractice cases against hospitals and doctors on behalf of injured patients. His practice focuses on complicated medical malpractice cases resulting in catastrophic injuries caused by the hospital or doctor’s negligence like birth or brain damage, cerebral palsy, wrongful death, induced hypertension, misdiagnosis of cancer, Erb’s palsy, and negligence by a nursing home, and paraplegia cases.
He is a member of The American Association for Justice and is a member of the Brain Injury Trial Lawyers Association of The American Trial Lawyers Association has got more than $1 billion in settlements and verdicts for his clients that including the biggest medical malpractice award in California’s history – a jury verdict that cost $460 million.
Law Offices of Dr. Bruce G. Fagel & Associates is known for their proactive and compassionate support to families in wrongful death and other medical malpractice/negligence claims. The plaintiff in any wrongful death claim is the decedent’s heirs. In the case of a child’s death, the heirs of the deceased are the parents. If the deceased patient was married, then the heirs are the children and spouse.
Who are the heirs of the deceased?
If the deceased patient was unmarried, the heirs would be children, followed by the children, if any, followed by siblings. There are some cases of wrongful death where the determination of the heirs can become complicated; however, it is essential that the proper heirs are in the claim. The laws of the land require the heirs to be named as defendants or plaintiffs in any legal claim that deals with wrongful death.
When the patient is hospitalized with a serious health condition, a case for ‘medical malpractice’ can be filed in court if a connection can be established between negligence and the cause of the patient’s death. However, this evidence has to be strong as mere negligence on the part of the nursing home, or the hospital administration will not suffice for a party to file a suit in a court of law on the above grounds.
According to the Law Offices of Dr. Bruce G. Fagel & Associates, there are several cases like in the incidences of an elderly patient, and in patients that have complicated underlying serious medical conditions and in the absence of an autopsy, the cause of death is left to the discretion of the treating doctor. However, there are some cases where an autopsy might not offer adequate information for connecting the evidence of negligence with the cause of the death.
The most significant difference between a claim for wrongful death and other forms of medical malpractice cases entails the type and the nature of the damages that the heirs of the deceased recover.