In the medical field, wrongful deaths can be caused by several types of mistakes, including medication errors, a wrong or delayed diagnosis, a failure to treat a condition appropriately, or providing the wrong type of treatment. If someone you love lost their life due to negligent behavior from a healthcare provider, a compassionate Hudson Valley wrongful death lawyer could help you file a claim on your loved one’s behalf. Depending on the circumstances, a seasoned medical malpractice attorney may be able to help you pursue compensation for both your loved one and for your family’s damages.

Essential Factors in Wrongful Death Cases

Not all deaths that occur in the course of medical treatment warrant a wrongful death lawsuit. A wrongful death lawsuit must include certain factors for the courts to consider it valid.

When Could a Family File a Claim?

When a patient dies unexpectedly from negligence or malpractice in the medical field, the family of the deceased or a representative of the deceased’s estate could file a wrongful death claim on their behalf if:

  • The deceased victim could have filed an injury claim if they had survived
  • At least one surviving individual has potential damages
  • Monetary compensation could be available to the deceased’s estate through the lawsuit

For example, if a patient dies as a result of a medication overdose, a doctor, nurse, or pharmacist could be responsible for this death if they administered this patient’s medication inappropriately. In this case, if the patient suffered injury and had not died, they could have pursued legal action. Therefore, a family member could pursue a wrongful death claim on behalf of their deceased loved one.

Can Damages Be Recovered Due to the Family’s Suffering?

As a result of an untimely death, a victim’s spouse and children may have to deal with a lack of financial, emotional, or social support, as well as handle burial expenses and medical costs associated with their family member’s death. These are damages that the decedent’s estate may be able to recover compensation for with the assistance of a Hudson Valley wrongful death attorney.

Time Limits in Wrongful Death Cases

Plaintiffs of a wrongful death case should be aware of the statutory deadlines associated with filing their claim. New York Estates, Powers & Trusts Law §5-4.1 requires a claimant to file their case within two years of the death of their loved one. If the family or representative of the deceased fails to meet this deadline, they may not be able to recover the damages they deserve. Families that have lost a loved one from an act of medical malpractice should consult a wrongful death lawyer in Hudson Valley for help filing their claim efficiently and before any statutory period expires.

Call an Experienced Hudson Valley Wrongful Death Attorney

If one of your family members died from a medical error, now could be the time to call a Hudson Valley wrongful death lawyer. Your family could be entitled to monetary damages related to their death and the impact it had on your life. Call an experienced attorney to see what may be possible in your situation.