According to a study published by Harvard Medical School, thousands
of deaths occur each year as a result of medical negligence, yet only
a fraction of those deaths result in litigation. Our firm has successfully
prosecuted dozens of such claims arising out of military and VA hospitals
throughout the United States.
“Wrongful death” is defined as the death of an individual
resulting from the negligence of another. Each state has its own wrongful
death statute applicable in that jurisdiction. As such, the law differs
depending upon where the death occurs.
1. What is the statute of limitations?
Under the FTCA, the statute of limitations is two years. In a wrongful
death case, however, the question arises as to whether the two years
runs from the time of the negligence or from the time of the patient’s
death – times that do not usually coincide. Consulting an experienced
FTCA attorney is absolutely critical
to insure that your claim is timely filed.
2. Who may file such an action?
Some states require that the action be filed only by a representative
appointed by a state court. Others allow the next of kin to file a claim
without court order. Still others require that each authorized beneficiary
file a separate claim. Failure to comply with state law can be disastrous.
3. Who may collect damages?
States have differing approaches as to who is authorized to seek damages
arising out of a person’s death. Spouses and minor children almost
always have a claim. Whether surviving parents, siblings, or adult children
can pursue claims differs from state to state.
4. What damages may be awarded?
Here again, specific state law controls. Some states allow recovery
for the victim’s predeath pain and suffering; many do not. Some
states allow survivors to recover for the emotional distress of losing
a loved one; many do not. Most states, however, allow damages for the
lost financial support and services of the decedent and for the loss
of the decedent’s society, companionship, and guidance.
There are many different ways a person can die as a result of medical
negligence. Our firm has successfully prosecuted wrongful death claims
based on the following:
- Surgical malpractice
- Birth injury
- Failure to diagnose cancer
- Other diagnosis errors
- Medication errors
- Bacterial infections
- Nursing negligence
