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

In Washington state, a medical malpractice claim and a wrongful death claim are two distinct legal claims. A medical malpractice claim is made when a patient, or their representative, alleges that they were harmed due to a doctor’s negligence. This type of negligence could include misdiagnosis, surgical errors, or incorrect medications given. A wrongful death claim is brought when the negligence of a professional or other person leads to the death of a person. This could include medical malpractice, but it can also include other types of negligence, such as motor vehicle accidents, negligent security, or other circumstances where the death of a person was preventable. Both medical malpractice and wrongful death claims seek to hold the responsible party liable for the damages caused by their negligence. In Washington, malpractice claims are usually handled through the court system, while wrongful death claims are handled through civil court. In either case, both claims require proof that the responsible party acted carelessly or negligently. In both claims, the responsible party must compensate the injured person or their family for medical bills, lost wages, and pain and suffering. In wrongful death claims, additional damages, such as funeral and burial expenses, may also be awarded. In essence, a medical malpractice claim is made when a patient is injured due to a doctor’s negligence, while a wrongful death claim is made when the negligence of someone else leads to the death of a person. The compensation that can be recovered for both claims is similar, but may differ depending on the specifics of the case.

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

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