Navigating a medical malpractice or wrongful death claim can be overwhelming. Often surviving loved ones bear the burden of both an emotional and financial toll in the aftermath.
Thorsnes Bartolotta McGuire understands the unique challenges of this process and is here to provide clarity and guidance as needed. With over four decades of experience supporting victims of medical malpractice and wrongful death.
Our firm is prepared to fight for your right to damages. If your loved one’s life has been fatally claimed by negligence, intent, or liability, reach out online or by phone at 619-236-9363.
Below, you'll see the specific differences between medical malpractice and wrongful death that we'll use to build your claim.
What Is The Difference Between Medical Malpractice And Wrongful Death?
Medical malpractice occurs when a healthcare professional brings harm or injury to the patient. Medical malpractice covers mistakes made by doctors, nurses, or by military or healthcare facilities. This includes misdiagnosis, medication errors, or improper treatment.
What Is Medical Malpractice?
In a medical malpractice claim, we must prove the provider’s actions caused physical, emotional, or financial harm.
Here's an example from our practice, involving a $2.8 million bench verdict against the United States of America. A doctor’s failure to identify fetal distress during childbirth resulted in a brain-damaged baby. The child now requires constant care, showing how medical negligence creates to lifelong consequences.
We’ve also won a $1.2 million settlement for a woman who showed clear symptoms of a stroke but was misdiagnosed as suffering from migraines. The healthcare providers ignored her symptoms. As a result, she later collapsed from a stroke that left her permanently disabled.
Medical Malpractice vs. Wrongful Death: Medical Malpractice Simplified
- Care-Focused: Missed diagnoses, surgical errors, medication mistakes, HIPAA violations.
- Stricter Requirements: Claims must establish that a medical practitioner acted outside reasonable care guidelines.
- Smaller Scope: Medical malpractice applies specifically to healthcare providers.
When it comes to medical malpractice vs. wrongful death, it’s important to understand that death doesn’t have to take place for a malpractice claim to be filed.
What is Wrongful Death?
Wrongful death is a broader legal concept that applies when a person dies due to someone else’s negligence or intentional actions. This negligence can come from anyone, not just healthcare providers. Medical malpractice resulting in death is a subcategory of a wrongful death claim.
Wrongful death can arise from car accidents, workplace incidents, defective products, or even criminal acts. The primary focus of a wrongful death lawsuit is compensation for financial and emotional losses. This includes funeral expenses, lost income, and loss of companionship.
In some cases, a judge may award punitive damages in wrongful death claims. Punitive damages, or exceptional damages, punish and deter similar behavior in the future.
We recently won a $2.5 million settlement in favor of the family of our tragically deceased plaintiff. You can read more about the case and settlement here.
Wrongful Death vs. Medical Malpractice: Wrongful Death Simplified
- Broad Focus: Any type of negligence is implicated in a wrongful death claim.
- Robust Compensation: Typically, the average award for medical malpractice is $348,065. For wrongful death, your compensation could reach millions.
- Wider Scope: Not just applicable to healthcare professionals.
When it comes to wrongful death vs. medical malpractice, it is important to understand awards for the former are typically higher. Wrongful death results in grievous harm. And while medical malpractice can sometimes lead to wrongful death, this isn’t always the case.
Statute of Limitations
The statute of limitations is a legal deadline by which a lawsuit must be filed. Failing to meet this deadline means that you lose your right to sue.
What Is The Statute Of Limitations For Medical Malpractice?
In many states, the statute of limitations for medical malpractice claims is one year from the date of discovery, or the day you find out about the medical malpractice in question. The maximum amount of time allowable is usually three years from the actual date of injury.
If you realize you’ve been harmed by medical negligence months or years after the fact, you may still have time to file a claim.
The statute of limitations on your claim is dependent largely on the date of discovery. Contact Thorsnes Bartolotta McGuire at (619) 236-9363 to schedule a free, fully confidential consultation.
What Is The Statute Of Limitations For Wrongful Death?
For wrongful death claims, the statute of limitations in many states is two years from the date of death. This gives the family or estate of the deceased a limited window to file a lawsuit.
But, while two years may seem like a while, the grieving process and financial burdens may take your time and energy. Consult an attorney as soon as possible if you'd like to file within the legal timeframe.
Settlement Amounts
In both wrongful death and medical malpractice, settlements cover both economic and non-economic damages. This is relative to the harm experienced by the victim.
Economic damages can include medical bills, rehabilitation costs, and lost wages due to the patient’s inability to work.
Non-economic damages, such as pain and suffering, are also factored into these cases, although they are often capped. In some states, non-economic damages are capped at $250,000. This is regardless of the severity of the injury or the extent of the suffering endured by the patient.
Medical malpractice can sometimes result in wrongful death, which greatly influences the final award granted to suffering families. One powerful example of wrongful death that we handled was a $5.99 million jury verdict resulting from a misread biopsy slide. Our client had squamous cell carcinoma.
By the time the error was discovered, the cancer had spread and was no longer treatable, ultimately leading to our client’s death.
Why Work With Thornses Bartolotta McGuire On Your Wrongful Death Or Medical Malpractice Claim?
Medical malpractice and wrongful death cases are complex. They involve intricate legal standards and detailed evidence requirements. Consulting with the legal team at Thornses Bartolotta McGuire ensures your case is filed within the statute of limitations.
Missing this deadline can bar you from compensation, regardless of the strength of your claim. Let us evaluate the evidence, gather needed medical records, and consult medical experts on your behalf.
Our deep understanding of the law will aid us in establishing medical negligence or proving wrongful death. And we provide all these services for no upfront costs to victims.
Whether you are pursuing a medical malpractice or wrongful death claim, insurance companies often attempt to minimize payouts. Having a skilled negotiator on your side makes sure that you are not taken advantage of during the settlement process.
At Thornses Bartolotta McGuire, we use our extensive experience to offer compassionate and knowledgeable guidance to our clients during these difficult times. Reach out to our team online or by calling (619) 236-9363 for a free consultation.
Let us represent your family’s interests. Let us fight for the compensation you deserve.