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

In Virginia, a medical malpractice claim and a wrongful death claim are two separate legal claims. A medical malpractice claim is a lawsuit filed against a medical provider when the provider has been negligent and caused the patient harm. This could include a misdiagnosis, a delayed diagnosis, or a failure to provide proper care resulting in injury or death to the patient. A wrongful death claim is a lawsuit brought by the family of a deceased person whose death was caused by the negligence of another party. This claim seeks damages for the mental and emotional suffering the family endured as a result of the death, as well as for the lost wages the deceased would have earned if they had lived. The main difference between a medical malpractice claim and a wrongful death claim is that the former is a claim made by an injured patient, while the latter is made by the family of a deceased person. Another key difference is that a medical malpractice claim can be filed even if the patient does not die, while a wrongful death claim can only be filed if the patient has died.

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

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