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