Wrongful Death due to New York Medical Malpractice

Understanding When a Wrongful Death is Caused by New York Medical Malpractice

We trust our healthcare providers to properly care for our health.  After all, we know doctors, nurses, and other providers as “healers.”  Thus when New York medical malpractice results in the wrongful death of a patient, it is a very tragic and frustrating time.  It can even be confusing how a healer could cause a death due to reckless errors.  But when that patient who is wrongfully killed ends up being your loved one, the impact will be devastating and catastrophic.

This is why New York allows for families who lose a loved one to commence a wrongful death action.  A wrongful death action is when the conduct of a party or entity directly results in the death of another.  Meaning that the actions of one cause the death.  This is different than murder or homicide, which could independently be investigated.  But in the realm of wrongful death in the civil litigation world, it means that a family or dependent has the ability to obtain damages for the loss of a loved one.

These damages take the form of compensation, such as money.  The money can be used for burial expenses, funeral expenses, pain and suffering of the victim, lost wages that family members and dependents relied on, and the loss of affection, love, society, and support by the family for the loved one’s departure.  

There is a hierarchy of which individuals can commence an action in New York for a wrongful death case.  Generally, surviving spouses, children, and parents are the most appropriate.  But other family members may also petition to commence the action.  This ensures that a family member or dependent can step into the shoes of the deceased and bring the negligent healthcare providers to justice for their acts.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.