Is It Wrongful Death, Medical Malpractice, or Both?

If you have lost a loved one due to medical malpractice, call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.

What Is the Difference Between Wrongful Death and Medical Malpractice?

Wrongful death occurs when a person’s death is caused by another party’s negligence or intentional harm. It can arise from various circumstances, such as car accidents, workplace incidents, or medical errors.

Medical malpractice is a specific type of negligence committed by healthcare providers who fail to meet the standard of care, resulting in injury or harm to a patient. When medical malpractice leads to a patient’s death, it may overlap with a wrongful death claim, creating a situation where both legal concepts apply.

For example, if a doctor misdiagnoses a treatable condition and the patient dies as a result, the case could involve both medical malpractice (failure to diagnose) and wrongful death (negligence leading to death). Understanding the distinction is crucial because each type of claim involves different legal frameworks, evidence requirements, and damages.

Can Medical Malpractice Cases Also Be Classified as Wrongful Death?

Yes, medical malpractice cases can also qualify as wrongful death claims if the malpractice directly causes the patient’s death. This dual classification is common in healthcare-related deaths where the negligence of a provider – such as a misdiagnosis, surgical error, or medication mistake – leads to fatal outcomes.

In these cases, the victim’s family may file a wrongful death claim to seek compensation for the loss of their loved one while also holding the healthcare provider accountable for their malpractice. Both claims may be pursued together, though proving them often requires expert testimony to establish how the provider’s actions deviated from the standard of care and directly caused the death.

What Evidence is Required to Prove Wrongful Death, Medical Malpractice, or Both?

Proving wrongful death requires demonstrating that the defendant’s negligence or misconduct directly caused the victim’s death. This may involve evidence such as witness testimony, accident reports, or expert opinions. For medical malpractice, the burden of proof focuses on showing that a healthcare provider breached the standard of care expected in their field, causing harm or death. Medical records, expert analysis, and documentation of treatment procedures are often central to these cases.

When both claims are involved, the evidence must link the medical malpractice to the wrongful death. For instance, if a surgeon operates on the wrong organ and the patient subsequently dies, it must be shown that the error caused the fatal outcome. Both types of cases often require the input of medical and legal experts to explain complex details to a jury or during settlement negotiations.

How Are Damages Awarded in Wrongful Death Medical Malpractice Cases?

Damages in wrongful death and medical malpractice cases vary based on the specific circumstances. In wrongful death cases, damages may include compensation for the deceased’s lost income, medical expenses, funeral costs, and the emotional suffering of surviving family members. In medical malpractice cases, damages often cover medical bills, pain and suffering, and lost wages related to the injury or illness.

Wrongful death and medical malpractice may overlap when a case involves both. Virginia law has a convoluted set of circumstances when medical malpractice causes death. In a wrongful death case, our personal injury law firm can recover the lost wages and medical expenses of the deceased person, but the rest of the damages are damages to the beneficiaries, the spouse, and the family members, their grief, and their loss of guidance and advice from that decedent.

However, in Virginia, pain and suffering of the person who died may not be recoverable in the wrongful death case.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in wrongful death medical malpractice cases. As a trusted medical malpractice law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.