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

A medical malpractice lawsuit and a wrongful death lawsuit are two distinct but related legal claims. While both involve a situation where a medical practitioner has provided inadequate medical care, the two differ in the type of legal action and damages sought. A medical malpractice lawsuit is a legal claim for injury or harm caused by a health care provider who has acted negligently. This type of lawsuit allows an injured person to seek compensation from the medical provider for medical costs, lost wages, and pain and suffering due to the doctor’s negligence. A wrongful death lawsuit, on the other hand, is a legal claim for damages allowed when a person dies due to the carelessness or negligence of another. In Virginia, wrongful death claims are brought by the representative of the deceased person’s estate, typically a family member, and are intended to compensate the family for the loss of their loved one. A wrongful death claim typically seeks damages for the deceased person’s lost earnings and support, emotional distress, and pain and suffering experienced by the deceased. In both types of cases, the burden of proof is on the plaintiff to demonstrate that the defendant’s negligence caused the injuries or death at issue. While medical malpractice cases provide compensation for the injured individual, wrongful death cases provide the deceased person’s family with compensation for their loss.

Related FAQs

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

Related FAQs

Related Blog Posts