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Medical Malpractice Wrongful Death Settlements

Posted by Timothy J. Ryan | Sep 06, 2016 | 0 Comments

When a patient has died under the treatment of a doctor or other healthcare professional, the heirs of the decedent's estate are able to file a medical malpractice wrongful death lawsuit in civil court in order to recover compensation for their loss. Medical malpractice wrongful death is a type of professional negligence wherein a patient who would not have ordinarily done so dies through a physician's act or failure to act.

Any rightful heir under California law has standing to sue as a plaintiff in a medical malpractice wrongful death action. Generally, the medical malpractice wrongful death lawsuit must be filed within one year of the decedent's date of death.

The most common types of medical malpractice wrongful death lawsuits involve:

  • Death of a child or mother during or after childbirth
  • Failure to diagnose or misdiagnosis of a life-threatening medical condition
  • Mistakes in prescribing or administering medication
  • Errors that occur during surgical procedures
  • Death related to anesthesia
  • Death resulting from infections
  • Negligence by emergency room personnel

There are two types of compensation that a family can receive through a medical malpractice wrongful death lawsuit: economic and non-economic. Although a family cannot recover for pain and suffering in California, there is otherwise no limit to the economic and non-economic damages that are recoverable. The types of compensation that a family can receive include:

  • The cost of medical bills
  • Burial expenses
  • Loss of the decedent's lifetime potential earnings
  • Loss of the decedent's lifetime financial support of the family
  • The value of lost household services
  • A child's loss of training or guidance by a deceased parent
  • Loss of emotional support, love, companionship, sexual relations and other non-economic support that the deceased had previously provided
  • Punitive damages in certain circumstances

Examples of medical malpractice wrongful death settlements

The following are examples of the types of medical malpractice wrongful death lawsuits and their corresponding settlements that have occurred recently in California:

  • Death caused by post-operative pain medication error: $5.65 million settlement
  • Anesthesia-related death: $5 million settlement
  • Infant death after delivery: $2.25 million settlement
  • Infant death, two infants born with severe birth defects: $10.55 million settlement
  • Failure to treat and diagnose a blood disorder: $1.58 million
  • Death caused by emergency room negligence: $60,000.00 settlement
  • Death caused by surgery errors: $50,000.00 settlement
  • Death caused by surgery errors: $2.5 million settlement
  • Emergency room-related death: $600,000.00 settlement
  • Infant death during delivery: $400,000.00 settlement
  • Death caused by failure to diagnose: $1 million settlement
  • Elective surgery death: $1 million settlement

How to obtain your settlement

If your family has suffered the wrongful death of a loved one due to the medical malpractice of a physician or other healthcare professional, an experienced medical malpractice wrongful death attorney in Orange County at Timothy J. Ryan & Associates can help you file a lawsuit in order to recover compensation and help prevent others from suffering a similar loss.

Those who would like to pursue compensation due to negligent acts committed by medical professionals can call the medical malpractice wrongful death attorneys at Timothy J. Ryan & Associates to obtain a free case evaluation. Our attorneys have helped victims recover over $1 billion and provide a no win, no fee guarantee.

About the Author

Timothy J. Ryan

Personal injury attorney Timothy J. Ryan has helped California injury victims recover more than $1 Billion since 1981. Tim is on the board of governors for the Consumer Attorneys of California and received the 2020 award "10 Best Personal Injury Attorneys" for client satisfaction.


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Timothy J. Ryan & Associates

Timothy J. Ryan & Associates has earned a national reputation for aggressive client advocacy and real results for grieving families. If you have questions about your loved one's death, you can obtain a free consultation from attorney Timothy J. Ryan. Call (714) 898-4444 to get help today.