Wrongful death and medical malpractice are different legal concepts, even though they are often connected. Medical malpractice refers to negligent medical care, while wrongful death refers to the legal claim that arises when that negligence or other misconduct causes a person’s death.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies because of another party’s negligent, reckless, or wrongful conduct. The focus of the claim is the death itself and how it has affected surviving family members. Common situations that lead to wrongful death claims include:
- Medical malpractice.
- Motor vehicle crashes caused by negligent drivers.
- Workplace accidents involving unsafe conditions.
- Defective products that cause fatal injuries.
- Dangerous property conditions.
- Violent or reckless conduct.
Wrongful death claims allow surviving family members to seek compensation for losses caused by the death, rather than injuries suffered by the deceased before death. Contact a Charleston wrongful death lawyer for support after a wrongful death.
What Is Medical Malpractice?
Medical malpractice occurs when a health care provider fails to meet the accepted medical standard of care and causes harm to a patient. These claims focus on professional negligence in a medical setting. Medical malpractice can involve:
- Misdiagnosis or delayed diagnosis.
- Surgical errors.
- Medication mistakes.
- Anesthesia errors.
- Failure to monitor or treat a patient properly.
- Birth injuries and maternal complications.
Medical malpractice claims do not always involve death. Many cases involve serious injury, permanent disability, or worsened medical conditions.
When Medical Malpractice Becomes a Wrongful Death Case
A medical malpractice case can become a wrongful death claim when negligent medical care causes a patient’s death. In these situations, the two concepts overlap. Examples include:
- A missed diagnosis that allows a treatable condition to become fatal.
- Surgical errors that lead to fatal complications.
- Medication errors that cause overdose or organ failure.
- Failure to respond to internal bleeding, infection, or sepsis.
- Negligent prenatal or postpartum care resulting in maternal death.
In these cases, the wrongful death claim is based on underlying medical malpractice.
Who Brings Each Type of Claim
Another important difference involves who has the legal right to file the claim.
- Medical malpractice claims are typically brought by the injured patient.
- In West Virginia, only the personal representative (executor or administrator) of the deceased person’s estate has the legal authority to file a wrongful death lawsuit.
Differences in Damages
Wrongful death and medical malpractice claims allow recovery for different types of damages.
Medical malpractice damages may include:
- Medical expenses.
- Lost income.
- Reduced earning capacity.
- Pain and suffering.
- Permanent disability.
Wrongful death damages may include:
- Funeral and burial expenses.
- Loss of financial support.
- Loss of companionship and guidance.
- Emotional suffering of surviving family members.
The categories reflect the different purposes of each claim.
Why the Distinction Between Wrongful Death and Medical Malpractice Matters
Understanding the difference between wrongful death and medical malpractice helps families navigate a difficult time with clarity. A death caused by negligence may involve both concepts, but the legal approach depends on how the harm occurred and who suffered the loss.
