What is the difference between a medical malpractice claim and a wrongful death claim?

The difference between a medical malpractice claim and a wrongful death claim in California is that a medical malpractice claim is one in which a patient holds a doctor or other medical professional responsible for medical negligence or errors. It is the patient’s personal claim for harm incurred as a result of the malpractice. In contrast, wrongful death claims are filed by family members when a patient’s death is caused by the negligent or reckless action of a medical professional. This type of claim is a civil suit against a medical provider and seeks damages for pain and suffering, lost wages, and emotional distress suffered by the family of the deceased. When a medical malpractice claim is filed, the claimant must prove that there was a violation of accepted medical standards and that it caused the patient to suffer injury or loss. To bring a successful wrongful death claim, the plaintiff must show that the medical negligence of the medical professional was the cause of the person’s death, and that the physician or health care provider breached a legal duty of care. In both cases, the plaintiff’s legal team must establish the elements of negligence that directly contributed to the injury or death. Claims must be filed within a certain period of time depending upon the state, and expert testimony is usually important to prove negligence, causation, and damages.

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What is the difference between a medical malpractice claim and a wrongful death claim?

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