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

The legal difference between a medical malpractice lawsuit and a wrongful death lawsuit lies in the intent of the person initiating the lawsuit. A medical malpractice lawsuit is filed against an individual or organization in an effort to recover damages for improper medical care or medical negligence. These types of lawsuits are typically filed due to physical or psychological injuries suffered by a patient due to the malpractice or negligence of a doctor, nurse, or other medical provider. A wrongful death lawsuit, however, is a civil action filed to recover damages for the death of a person caused by the wrongful act, neglect, or default of another. In such cases, the damages are paid to the deceased person’s estate, and the family members of the decedent are usually the ones who file the wrongful death lawsuit. In both types of lawsuits, the plaintiff must prove that the defendant was responsible for the act or omission that caused the injury or death. The main distinction between the two is that wrongful death lawsuits are typically based on the basis of intentional acts of intent to cause death, while medical malpractice lawsuits are based on the basis of negligence or reckless disregard for the safety of the patient. Essentially, wrongful death lawsuits are meant to hold an individual or organization accountable for their negligence, while medical malpractice lawsuits are meant to hold a medical provider accountable for any harm they cause to the patient.

Related FAQs

What type of damages are available for medical malpractice?
How do I determine if the medical malpractice claim is covered by insurance?
What type of expert witness testimony is necessary in a medical malpractice case?
What type of evidence can I use to support a medical malpractice claim?
What is the difference between a medical malpractice claim and a professional malpractice claim?
What are the costs associated with pursuing a medical malpractice claim?
What is the importance of having an experienced medical malpractice attorney?
What is the importance of documenting a medical malpractice claim?
How do I know if the medical malpractice claim was filed within the statute of limitations?
What is medical malpractice law?

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

Related FAQs

Related Blog Posts