The loss of a loved one is tragic, no matter the circumstances. When that loss is caused by another party’s negligence or misconduct, the grief collides with questions about accountability and justice. When your case involves medical negligence that resulted in your loved one’s death, you may be unsure of which legal pathway to take.

Understanding the difference between wrongful death vs. medical malpractice in California is crucial to ensure you secure justice.

What Is a Wrongful Death Claim in California?

To establish a wrongful death claim in California, the plaintiff must prove the following:

  • -Duty of Care: The defendant owed the deceased a duty to act with reasonable care.
  • -Breach of Duty: The defendant breached this duty because of negligence, recklessness, or intentional misconduct.
  • -Causation: The breach of duty directly resulted in the death of the victim.
  • -Damages: The remaining family members suffered measurable damages because of that death.

What Is a Medical Malpractice Claim?

Medical malpractice in California occurs when a healthcare professional’s failure to meet care standards results in injury or death. Unlike general negligence, medical malpractice specifically involves the breach of duties owed to their patient.

To establish a medical malpractice claim in California, the plaintiff must prove:

  • -Doctor-Patient Relationship: The healthcare provider had a professional duty to treat the patient.
  • -Standard of Care: The provider failed to meet that standard of care in a way that another healthcare professional would have provided under similar circumstances.
  • -Causation: The provider’s failure directly caused the injury or death.
  • -Damages: The patient or their family suffered harm, whether physical or emotional, as a result of the provider’s negligence.

Wrongful Death vs. Medical Malpractice in California

A medical malpractice claim seeks to address the healthcare provider’s professional negligence, while a wrongful death claim focuses on compensating the family members for their loss. In this way, the two claims can overlap in instances where a patient dies as a result of medical negligence.

However, there are key differences between the two claims.

    • -Legal Basis
    • Wrongful Death: Stems from general negligence or intentional acts, such as car accidents, workplace injuries, or criminal activity.
    • Medical Malpractice: Involves professional negligence by a healthcare provider, including misdiagnosis, medication mistakes, or surgical errors.
    • -Eligible Plaintiffs
    • Wrongful Death: Surviving family members can file the claim. This includes spouses, domestic partners, children, and even parents if they financially relied on the deceased.
    • Medical Malpractice: The injured patient files the claim. If the patient dies, the family can file a wrongful death claim alongside or in place of a malpractice claim.
    • -Damages
    • Wrongful Death: Damages focus on the survivors’ losses, such as funeral and burial expenses, loss of the deceased’s income, and loss of companionship and emotional support.
    • Medical Malpractice: Damages focus on the patient’s farm, such as medical expenses, pain and suffering, and lost wages or lost earning capacity.
    • -Statute of Limitations
    • Wrongful Death: In California, a victim’s family generally has a statute of limitations of two years from the date that death occurred.
    • Medical Malpractice: For medical malpractice in California, the statute of limitations is one year after the date of discovering the injury or three years from the date of the negligent act that caused the injury.
    • -Expert Testimony
    • Wrongful Death: Expert testimony may not be required if the evidence is straightforward.
    • Medical Malpractice: Expert testimony is almost always required to establish that the healthcare provider deviated from the standard of care.

How a Skilled Personal Injury Lawyer Can Help You

Whether you’re pursuing a wrongful death or medical malpractice claim, working with an experienced attorney can significantly improve your chances of success. A wrongful death lawyer can evaluate your case, determining whether you have a valid claim and which legal avenue to pursue. They can also gather evidence, such as medical records, expert testimony, and other critical evidence necessary to present a compelling argument.

A skilled attorney can handle negotiations with insurance companies to secure a fair settlement and represent you in court if a settlement cannot be reached. The role of a wrongful death or medical malpractice attorney is to provide compassionate support and clear explanations throughout the process to help you fight for justice for your loss.

The decision to pursue a wrongful death vs. a medical malpractice claim in California comes down to the specific circumstances of the case. Consulting with a knowledgeable attorney from Kenneth M. Sigelman & Associates can help you make an informed decision.

FAQs

Q: Are There Any Differences Between Medical Malpractice and Wrongful Death in California?

A: Medical malpractice and wrongful death are two different legal terms in California. Wrongful death claims arise when someone dies due to another party’s negligence or misconduct. Compensation for these claims goes to the deceased’s family for financial and emotional losses. However, a medical malpractice claim involves negligent behavior by healthcare providers.

Q: What Is the New Law in California for Wrongful Death?

A: The new law in California for wrongful death increases noneconomic damage caps, allowing grieving families to claim higher amounts of compensation for pain and suffering. This acknowledges the devastating emotional impact a wrongful death has on surviving loved ones and seeks to provide more financial support and just outcomes to those who are affected.

Q: What Is the One Action Rule in California for Wrongful Death?

A: The “one action” rule in California for wrongful death mandates that all eligible heirs must join together in a single claim to pursue compensation. This prevents multiple claims from being filed for one death, resulting in efficient resolution while also avoiding the possibility of conflicting outcomes. Heirs will share the settlement according to their proportionate losses, which the court determines.

Q: What Are the Chances of Winning a Wrongful Death Claim in California?

A: Your chances of winning a wrongful death claim in California depend on several factors, including the strength of your evidence, whether negligence can clearly be proven, and the skill of your legal representation. Plaintiffs must demonstrate that the defendant’s actions directly caused death and that surviving family members suffered damages because of it.

Experienced California Personal Injury Attorneys

If you’ve lost a loved one due to negligence, the team at Kenneth M. Sigelman & Associates can provide the compassionate help you need to seek justice for your lost family member. Contact us today to discuss your case and learn more about how we can assist you in securing the compensation and justice you deserve.