Losing a loved one is a shattering experience in anyone’s life, especially when the death was untimely and unexpected. If you lost a loved one during or shortly after a medical procedure, you may be entitled to file a wrongful death lawsuit. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse wrongful death attorneys will thoroughly review your claim and determine how we can help. With years of experience, you can rest assured that we understand how to pursue the compensation you need to move on with your life.
Unfortunately, medical malpractice is more common than you may think. In fact, one Johns Hopkins study found that medical malpractice deaths are the third-leading cause of death in the nation. According to data collected by the Institute of Medicine, one of five medical errors are potentially serious or fatal. Additionally, an estimated 98,000 Americans die each year due to preventable medical errors, including 7,000 deaths caused by medication errors.
When your loved one’s death is caused by someone else’s negligence, you may be able to file a wrongful death claim against the at-fault party. New York places the responsibility of filing the wrongful death claim on the “personal representative” of the deceased person’s estate. This means family members are not allowed to file a wrongful death claim in civil court unless that family member is also the personal representative of the deceased person’s estate. However, the wrongful death claim may seek damages for losses suffered by the deceased person’s heirs, beneficiaries, or devisees, as well as any losses suffered by the decedent’s estate.
In the context of medical malpractice, a medical professional will be liable for a wrongful death if the medical professional’s error, wrongdoing, or misconduct was the cause of the death. Medical malpractice takes place when a medical professional fails to perform duties in accordance with the accepted standard of care, thereby causing the death of a patient. The standard of care in medical malpractice cases refers to the level of care that another medical professional in the same specialty would have used under the same or similar circumstances.
The exact amount of damages that plaintiffs can recover in a wrongful death claim varies depending on the circumstances of the individual case. However, in a typical case, the plaintiff may seek compensation for losses such as medical expenses incurred prior to the decedent’s death, funeral costs, the pain and suffering of the survivors, the wages earned by the deceased, loss of companionship, and lost inheritance suffered by surviving children.
If you have lost a loved one due to a medical professional’s negligence, you need to consult a seasoned Syracuse wrongful death attorney who can make sure your legal rights are protected. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will work tirelessly to seek the compensation you deserve for your harm. While no amount of money can bring back your loved one, the compensation can help deal with the bills that often pile up after such an incident. For a free consultation, you should call us at 315-479-9000 or contact us online as soon as possible.
More Blog Posts:
Damages in New York Medical Malpractice Cases, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 4, 2017
Spinal Cord Injuries as a Result of Medical Malpractice in Syracuse or Elsewhere in New York, Syracuse Medical Malpractice and Personal Injury Lawyer Blog, December 1, 2017