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What Wrongful Death Is and How It Differs from Malpractice

December 12, 2022

Understanding wrongful death cases and how they differ from medical malpractice can be confusing. For families who have lost someone due to medical negligence, wrongful death is one way in which they may seek financial compensation for their loss. However, wrongful death is a unique type of legal claim that is separate from medical malpractice.

Here’s how wrongful death differs from medical malpractice so you can better understand the two.

What is Wrongful Death?

Wrongful death is a legal term referring to the death of an individual due to another person’s or entity’s negligence. In a wrongful death case, the party at fault may be held legally responsible and ordered to pay financial compensation to the surviving family or estate of the deceased.

Typically, wrongful death cases are handled in civil court and differ from those managed by a criminal court. They’re often pursued whether or not the defendant is charged for their conduct or negligence.

Some of the cases Pennsylvania wrongful death lawyers handle include:

● automobile accidents
● defective products
● nursing home abuse or neglect
● medical malpractice

Wrongful death cases often involve complex legal matters, and discussing the issue with a wrongful death attorney is critical. They can provide legal advice and help you pursue the best action.

What Is Malpractice?

Medical malpractice is professional negligence by a medical professional that harms a patient. This type of misconduct falls under any medical professional, including doctors, surgeons, and other medical staff. Malpractice can involve errors in diagnosis, mistakes made during treatment, or failure to diagnose a medical condition.

In addition, malpractice can involve any harmful act that fails to meet the accepted standards of medical care. These cases are common, and the American Medical Association (AMA) estimates that one out of every three doctors will be sued at some point in their career.

Unfortunately, treatments and medical decisions sometimes fail and cause severe injury or death. And although not all medical malpractice cases result in wrongful death, wrongful death is a possible outcome of medical malpractice.

Medical malpractice lawyers specialize in cases where medical negligence may have occurred. These lawyers work to uncover information related to the cause of illness, injury, or death and provide essential facts needed to make an informed decision about litigation.

Which Is Right for Your Case?

The injury or death of a loved one is an exceptionally tough experience and can be a traumatic event. Whether a wrongful death or medical malpractice case is suitable for your situation depends on the unique facts of your claim.

At Caputo & Mariotti, we have extensive experience in wrongful death and medical malpractice cases. Our Pennsylvania wrongful death lawyers and medical malpractice lawyers have the knowledge, dedication, and resources to pursue your claim.

Schedule a free consultation with one today to learn how they can provide you with top-quality legal representation tailored to your specific needs.

Difference Between Wrongful Death And Medical Malpractice

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