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(212) 697-9280

Free Consultations

(212) 697-9280



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How to Distinguish Between Medical Malpractice and Wrongful Death

Aug 23, 2019 | Medical Malpractice

  • Failure to diagnose
  • Birth injuries
  • Surgical errors
  • Nursing negligence
  • Medication errors 
  • Defective medical equipment
  • Anesthesia errors
  • Doctor errors

What makes wrongful death unique from other forms of medical practice, is that it can actually span across a broader legal context and doesn’t only occur in instances of medical malpractice. This is because a person’s wrongful death doesn’t only occur within the medical field. Wrongful death can occur for multiple reasons and within multiple industries, with examples being:

  • Death from an automobile accident due to negligent repairs
  • Death from spoiled or contaminated food from suppliers
  • Death from hazing
  • Death from unsafe working conditions

Legal Matters

        Why Should You File a Wrongful Death Claim?

Filing a wrongful death claim can be very difficult, and it is usually an immediate family member that wishes to file a claim in order to receive compensation for the untimely death of their loved one. Family members may seek this compensation for a multitude of reasons, but the most common reasons people usually seek compensation include:

  • Covering the hospital expenses of the family member who died
  • Recognizing the emotional damages and loss of companionship of that family member
  • Covering the loss of financial income that family member would have provided
  • Covering the loss of future financial earnings until the time of retirement that that family member would have provided
  • Recognizing the pain and suffering experienced by that family member before their death, as well as the pain and suffering experienced by the living relatives
  • Covering funeral expenses

        How Do You File a Wrongful Death Claim?

Because of the complexities associated with wrongful death claims, as well as the fact that it is a civil action; it is best that you consult with a qualified medical malpractice lawyer before filing a wrongful death medical malpractice lawsuit.

There are many elements that need to be considered when filing a medical malpractice lawsuit. These, like the law, differ by state, and so you will need a qualified NYC medical malpractice attorney if you live in NYC. Your NYC medical malpractice attorney will be able to explain the key elements of filing a wrongful death claim, as well as help you prove these elements in order to have the best possible chance of winning your claim. These elements typically include proving that:


  • Your family member’s death occurred because of medical negligence
  • The healthcare professional/s and/or institution involved breached their duty of providing your family member with the best possible care
  • It was this breach of duty that caused your family member’s death
  • Your family member’s death created quantifiable financial and emotional damages to your family and/or your family member who died


If you believe that a family member may have experienced a wrongful death, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling (212) 697-9280. When you are ready to talk, we are ready to listen.