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

A medical malpractice lawsuit and a wrongful death lawsuit both involve negligence on the part of a medical professional. The main difference between the two is the person bringing the lawsuit and the damages sought. A medical malpractice lawsuit is typically brought by the person affected by the negligence, or their representative, against the medical professional or institution. The damages sought may include compensation for medical bills, lost wages, pain and suffering, or punitive damages. A wrongful death lawsuit is generally brought by the family members of a person who died as a result of medical malpractice, or their representatives. The damages sought may include compensation for the costs of medical bills, lost wages, and pain and suffering experienced by the deceased prior to their death. It may also include punitive damages against the medical professional or institution as a punishment for their negligence. In Florida, wrongful death cases must conform to certain legal criteria, including that the party bringing the suit must be a “personal representative” of the deceased (usually the spouse, parent or child of the deceased). Additionally, the lawsuit must be filed within 2 years of the death, and state the cause of death and why the responsible party is liable for damages. Overall, the main difference between a medical malpractice lawsuit and a wrongful death lawsuit is that the party bringing the lawsuit and the damages sought are different.

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

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