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

Medical malpractice and wrongful death claims are two separate legal claims that are often related. A medical malpractice claim is an allegation that a healthcare provider failed to meet the accepted standard of care resulting in injury or illness to a patient. This could be anything from misdiagnoses to surgical errors. A wrongful death claim, on the other hand, is a civil suit filed by the family of a deceased person on behalf of the deceased. This type of claim is usually based on the victim’s death being caused by the negligent or wrongful acts of another. In California, a wrongful death claim can be brought to the court if the deceased’s death was the result of a wrongful act, neglect, carelessness, unskillfulness, or default of another person. In some cases, both a medical malpractice claim and wrongful death claim may be filed in relation to the same incident. In such cases, medical malpractice may be a contributing factor to the death. In these situations, the family of the victim may be able to recover compensation for medical expenses, lost income, pain and suffering, and other damages. The difference between the two claims is that a medical malpractice claim is filed on behalf of the injured party, while a wrongful death claim is filed on behalf of the deceased’s family.

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

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