You should know that they differ in certain aspects, and some accidents may involve both wrongful death and medical malpractice claims. There are many things that indicate the overlap between the two cases. The damages may be similar in both medical malpractice and wrongful death cases.
Damages are usually divided into two types: economic and non-economic. The monetary damages can include the bills associated with medical expenses, the many visits to the hospital, etc. In Orlando, you are likely to see both wrongful death cases and medical malpractice lawsuits.
In both cases, it is essential for the person to know their rights and obligations. In medical malpractice, the patient may suffer because of the negligence of the doctor. In wrongful death cases, the victim is dead, and the family members become entitled to seek compensation for the losses.
The family members might be dependent on the deceased person financially and, therefore, are entitled to compensation from the authorities. Medical malpractice can lead to wrongful death, and thus, in these types of scenarios, both are included. Dolan Dobrinsky Rosenblum Bluestein is a law firm that can help individuals protect their rights.
What do you understand about wrongful death?
A wrongful death lawsuit can be filed by a close relative of the deceased person or the representative of the one who died. You can file a lawsuit when the death of your loved one is directly caused by another party or their negligence was the reason behind the death of the individual.
Negligence can be understood as not being able to satisfy the duty of care toward others. Many different things can lead to wrongful death, some of them are listed here:
- Car accidents can be one of the causes.
- Medical malpractice can lead to wrongful death
- Intentional homicide
- Killing a policeman
- Accidents in industries
In wrongful death cases, family members have the right to file a claim if they think someone’s negligence is the cause of death or if they believe someone intentionally killed the person.
They can get in touch with a personal injury attorney and file a lawsuit in the court. The attorney can help them gather sufficient evidence to support their claim and legally represent them in court.
What should you know about medical malpractice
Medical malpractice occurs when a doctor fails to deliver duty of care towards their patients. While doctors always try their best to save the patient, sometimes their minor mistakes can result in someone’s death. However, it does not necessarily have to be the doctor; it can be a nurse as well who might be the cause of medical malpractice.
Medical malpractice can involve doctors leaving any equipment inside the patient’s body or overdosage of anesthesia, misdiagnosis, not diagnosing the patient, not obtaining consent from the patient before operating on them, etc. Even if the treatment turns out fine, not obtaining consent can be used against the professionals.
What is the statute of limitations in these cases?
You should know that every injury claim has an expiration date, which means you can only claim it within a stipulated time period. Going beyond that means you will not be getting any compensation, and your claim will not be considered.
Each state might have a varying statute of limitations, but there are still some similarities, too. It usually takes two to three years before you file the claim. Going beyond this means you are making it less likely for your claim to be even considered.
When should you contact a lawyer?
It is usually best to get in touch with a lawyer after the accident. This will help the lawyer know the case better and accordingly plan what steps to take next. There are many online firms; you can read their reviews and testimonials to learn more about their services.