The law is a broad field of study and there are many facets contained within. One of the areas of law that most commonly affects us is personal injury law. Personal injury law covers medical malpractice, wrongful death, car accidents, slip and fall, etc. Today we are going to take a look at the differences between medical malpractice and wrongful death.

Medical malpractice and wrongful death are related in the sense that medical malpractice may indeed lead to a wrongful death, but not all wrongful deaths are a result of medical malpractice. In order to understand these concepts better, we first need to define them.

Medical Malpractice

Medical malpractice occurs when a medical professional causes harm to a patient through negligent behavior. Negligent behavior is defined as a failure to adhere to a standard of care that is set by the medical community. Some examples of this are misdiagnosis, birth injuries, surgical errors, delayed treatment, abuse of nursing home patients, etc. There are many more acts that can be deemed as medical negligence and they are not limited to these examples. Again, if a medical professional fails to adhere to the standard of care set by the medical community, then their care may be deemed medical negligence.

Wrongful Death

On the other hand, wrongful death should be understood in a broader legal context than that of medical malpractice. Wrongful death occurs when a negligent, careless, or wrongful act causes the death of another person. So, while medical malpractice can result in a wrongful death, not all wrongful deaths are caused by medical malpractice. In essence, you might even consider a wrongful death as an aggravating circumstance of sorts.

But, there’s more to it than that. As in all things where the law is involved, different circumstances have different effects on a case. One important aspect of the case is the damages that the claimant is eligible for.

What Types Of Damages Can Be Claimed In A Wrongful Death?

The damages claimed in a wrongful death lawsuit will be a little different from the damages claimed in a medical malpractice or personal injury case. For example, when a patient dies due to a misdiagnosis and late treatment of a condition, the claimant is not only entitled to all the damages that are included in a medical malpractice claim (e.g. lost wages, disability, medical expenses, pain and suffering, punitive damages, disfigurement, etc.) but the plaintiffs may also pursue wrongful death damages like: burial and funeral expenses, loss of consortium, loss of financial support, and in some states, loss of nurturing.

It’s also important to note that there are financial limits to how much a claimant (usually the closest relative of the deceased) can sue for. For example, in Texas, wrongful death-related damages are limited up to $250,000.

Regardless of the circumstances, losing a loved one will always be painful. In such an emotionally-charged situation, it’s important to seek professional help as soon as possible, whether the professionals be therapists to help you recover, or lawyers like the ones from David Resnick & Associates who can help you secure fair and full compensation for the loss of a loved one.