Who can be held liable for a wrongful death due to medical malpractice?
In the state of California, doctors, hospitals, and other medical professionals can be held liable for wrongful death due to medical malpractice. In California, a wrongful death claim due to medical malpractice can be brought by either the victim’s estate or by the victim’s survivors. In a wrongful death claim due to medical malpractice, the defendant, or person being held liable, can include a doctor, nurse, hospital, or other medical professional that failed to provide a duty of care to the victim. Under California law, medical malpractice is considered professional negligence. Therefore, in order to be successful in a wrongful death claim due to medical malpractice, it must be shown that the medical professional did not act with the appropriate standard of care. This means that the medical professional did not act in the same manner as another competent medical professional would have acted in a similar situation. To present a successful wrongful death claim, it is important to both demonstrate that the medical professional failed to provide a duty of care and that the failure was the cause of the victim’s death. In the state of California, damages that can be pursued in a wrongful death claim due to medical malpractice can include medical bills, funeral and burial expenses, pain and suffering, and loss of consortium. These damages may be available to both the victim’s estate and the victim’s survivors. It can be a complicated process to prove medical malpractice and to identify all liable parties, so it is important to consult with an experienced wrongful death attorney in California.
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