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Does Wrongful Death Count as Medical Malpractice?

When you've lost a loved one, you'll need to make a lot of difficult decisions, including what to do with their possessions, how to inter them, and what funeral arrangements to choose. Unfortunately, you might have another difficult task on your shoulders. You may also be responsible for seeking compensation from the person responsible for your loved one’s fatal accident.

When this deadly mistake happened at the hands of a doctor, you may have another dilemma on your hands. Does wrongful death count as medical malpractice? What's the appropriate case type to file under? This can be confusing, which is why it's important to seek out information about medical malpractice and your case before you get started. Speak to a wrongful death and personal injury lawyer for help determining what case type you're dealing with.

What's the Difference?

First, note that a medical malpractice case is usually brought forward when you're injured by a doctor's actions, whether that's a failure to diagnose, a misdiagnosis, or an injury during surgery. You're putting your life in their hands, and if they don't act accordingly, the damages could be serious.

However, when the person dies as a result of another person's actions, that doesn't always mean that you're dealing with a medical malpractice case. A wrongful death claim is meant to compensate the family of the deceased when someone else caused their fatal accident.

This doesn't just mean doctors. Instead, your loved one's death could have been caused by many other injury types, like car accidents, falls, or defective products.

Wrongful Death May Be Caused by Malpractice

This doesn't necessarily mean that medical malpractice doesn't play a part in your claim. While you might be filing a wrongful death claim on behalf of your deceased loved one, their death might have been caused by the careless actions of a doctor. In these cases, you'll need a lawyer to help you look into the cause of their death.

Preparing a claim against a doctor or hospital group can be difficult. While the non-economic damage caps for medical malpractice shouldn't count for your wrongful death claim, doctors will have lawyers to protect their interests. Since doctors should have your best interests in mind, however, it can be tough to prove that their negligence caused your family member's death.

As such, if you believe your loved one’s wrongful death was caused by medical negligence, you'll need to speak to a lawyer. They can help you determine who's responsible for the damages and how you'll fight for that compensation.

A Lawyer Can Help You File

Unfortunately, the loss of a loved one can be a complicated, difficult time for you and your family, and you likely have plenty of questions, like, "Does wrongful death count as medical malpractice?" Unfortunately, you might not have the answers, which makes getting the compensation your family deserves tough.

Fortunately, a lawyer from Colley Firm, PC, can help you determine what type of claim you're dealing with. Beginning with a free consult, they'll review your wrongful death claim and help you fight it. If you're struggling with your claim and you need help, call for a wrongful death lawyer at 1-877-411-2001 or complete the online form below.