In the simplest of terms, medical malpractice happens when a healthcare professional is negligent, and the patient is harmed in some way. Wrongful death occurs when someone dies because of a wrongful act, negligence, carelessness, or lack of action by someone else.
What is Medical Malpractice?
If your healthcare provider is negligent and you or a loved one is harmed. Medical professionals who could act negligently include doctors, nurses, midwives, surgeons, pharmacists, and hospital staff.
Some of the most common forms of medical malpractice include but aren’t limited to:
- Birth Injuries
- Delayed Treatment
- Medication Errors
- Misdiagnosis or Failure to Diagnose
- Nursing Home Abuse
- Surgical Errors
What is Wrongful Death?
Wrongful death, as talked about above could be defined as neglect, wrongful act, carelessness, or failure to act which leads to the death of someone else.
Medical malpractice addresses only medical negligence cases whereas wrongful death cases can come from a wide range of circumstances. These include death by:
- Automobile Accidents caused by someone’s negligence
- Birth Injuries
- Defective Medical Devices
- Medical Malpractice
- Nursing Home Abuse and/or Neglect
- Recalled or Dangerous Vehicles
- Recalled and/or Dangerous Food from Restaurants or Grocery Stores
What if Medical Malpractice Led to Wrongful Death?
There are very clear differences between medical malpractice and wrongful death claims as far as the law is concerned. When medical malpractice leads to a wrongful death you should know:
Who Can File A Wrongful Death Claim?
Most of the time, the person who files a wrongful death claim is the closest relative to the person who died such as a spouse, parent, or child.
There are, however, occasions when the executor of the estate can file a claim if they are identified in the will, instead of the estate being managed by the closest relative of the deceased person.
What Damages Can Be Claimed in a Wrongful Death Case in Missouri?
The damages in a wrongful death case could be different or in addition to those in a case of medical malpractice. Medical malpractice damages normally consist of such things as lost wages, medical expenses, disability and/or disfigurement, or punitive damages.
However, in a wrongful death claim from medical malpractice, you may also seek such damages as:
- Funeral and/or Burial Expenses
- Loss of Financial Support
- Pain and Suffering
- Loss of companionship, comfort, love
The types of damages you may be able to recover are based on your individual circumstances.
How Can I Get Help With My Wrongful Death and Medical Malpractice Case in Missouri?
The death of a loved one isn’t easy. If you and your family are suffering from untimely and may be preventable death of your loved one, you may find solace in speaking with a Missouri wrongful death attorney to determine if you can file a lawsuit.
At the Kansas City, Missouri law firm of Krause & Kinsman, we handle all types of medical malpractice and wrongful death cases. When you meet with us you will find we are compassionate, respectful, and will give you the legal advice you can believe in.
We offer a free case review so we can evaluate your individual case and best advise you on the next legal steps you may want to take.
Don’t let negligence prevail when it’s harmed your family and violated your rights. Krause & Kinsman can help you get the monetary compensation and justice you deserve.