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

Medical malpractice and wrongful death claims may sound similar, but they are actually two distinct legal claims in the state of Washington. The key difference between a medical malpractice claim and a wrongful death claim in Washington is the basis for the claims and the types of damages that can be sought. A medical malpractice claim is a type of negligence lawsuit that is brought against a healthcare provider for providing substandard medical care that results in injury or death. In Washington, plaintiffs must prove that the medical provider’s care was below the accepted professional standards of care in order to be successful in a medical malpractice claim. Damages awarded for a medical malpractice claim may include compensation for medical bills, lost wages, damage to quality of life, and pain and suffering. On the other hand, a wrongful death claim is a type of tort action alleging that a person was killed as a result of another person or entity’s negligence or wrongful conduct. A wrongful death lawsuit is typically brought by family members of the deceased, and the compensation awarded in these cases is intended to compensate the family for their losses, such as the financial support and companionship they would have received from the decedent if he or she had not been killed. In short, the difference between a medical malpractice claim and a wrongful death claim in Washington is that the first is based on a healthcare provider’s negligence, while the latter is a tort action brought against a person or entity for wrongful conduct. Additionally, the types of damages awarded are different. Medical malpractice claims are meant to compensate for losses related to medical care, whereas wrongful death claims are meant to compensate for the family’s loss of income and companionship due to the death of the decedent.

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