Does birth injury law cover wrongful death cases?
Yes, birth injury law in Washington covers wrongful death cases. Wrongful death cases are civil lawsuits that are filed when a person dies due to another person’s negligence or recklessness. In such cases, the surviving family members can file a wrongful death suit against the responsible party to seek compensation for the losses that they have suffered due to the death of their loved one. In Washington, birth injury law covers wrongful death cases in which the deceased was a child born with an injury that was caused by medical negligence or a preventable complication. This includes injuries that occurred during labor and delivery, prenatal injuries caused by medications or medical devices, and prolonged labor or delivery that cause hypoxia or cerebral palsy in the child. When filing a birth injury wrongful death claim, families are typically seeking compensation for medical expenses, funeral costs, loss of future wages and income, loss of companionship, and other damages. In some cases, punitive damages may also be sought. To file a birth injury wrongful death lawsuit in Washington, the family must prove that the injury was caused by negligence on the part of the medical professionals and caregivers involved in the birth. It is important to note that the family must file the lawsuit within the allotted statute of limitations, which is typically three years from the date of the injury.
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