According to the CDC, there were 28.1 million visits to hospital emergency departments for unintentional injuries in the United States in 2013. There were 135,928 unintentional injury deaths – accounting for 42.6 deaths per 100,000 people. Unintentional injuries ranked fourth in the causes of death in the US that year.
What is Wrongful Death?
When someone dies due to the negligence of a medical professional, it is a case of wrongful death. A member of the patient’s family can file a wrongful death lawsuit in New York against the hospital, doctor or any other medical professional responsible.
A lawsuit for wrongful death in New York is governed strictly by state law, and there are a number of certain procedures that are unique to this type of lawsuit – as opposed to other broader types of personal injury cases. Although laws pertaining to wrongful death vary from one state to another, there are a number of issues that are common to all types cases involving wrongful death, such as:
· Who can file a wrongful death lawsuit on behalf of the estate of the deceased
· How can a person get appointed as a representative of the estate
· What type of damages can be recovered in a wrongful death case
Who is Entitled to Compensation in a Wrongful Death Case?
The persons who are entitled to compensation in a wrongful death caused by medical negligence or malpractice include the following:
· The wrongful death plaintiffs are heirs to the decedent.
· If a child is involved in the wrongful death case, the parents are the heirs.
· If the decedent was married, then the spouse, and children if any, are the heirs.
· If the decedent was not married, then the children would be the heirs.
· If the victim of wrongful death did not have any children, then the parents would be the heirs. If the parents are no longer alive, then the siblings would be the heirs.
Filing a Wrongful Death Lawsuit Due to Medical Malpractice
Medical malpractice cases are more complex than most other personal injury cases. When it involves wrongful death in New York, it can be even more complicated. The process can take a long time and it can be a challenging time for those who are filing the wrongful death lawsuit. This is why it is important to have an experienced medical malpractice attorney by your side when you file a wrongful death lawsuit as a result of medical malpractice.
Finding expert witnesses, gathering and assessing evidence and information, etc. are some of the things that need to be done when this type of lawsuit is filed. It takes a lot of knowledge, experience and resources to handle these matters, so you must make sure that you hire a prolific and perspicacious medical malpractice lawyer to handle your case.
Get the best results with RMFW Law!
If you have lost a family member due to the negligence of a hospital, nurse, doctor or any other medical professional, you should immediately seek the help of a fabulous and focused legal counselor at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280 to file a wrongful death lawsuit against the negligent party to recover damages.
RMFW Law gets the job done! We have won millions of dollars for past clients and you too can be on this shining list. Cases like this can take a long time, there is no guarantees, but you pay us nothing unless we come out on top for you.
We do not make any crucial decisions without informing you. What is your side of the story? What really happened? We need to find a medical expert to back up your claim so let’s start on this legal journey today! Call us now!