If you lost a loved one due to someone else’s negligence, a Providence wrongful death lawyer can help you get the compensation that you deserve. They can help you get compensation for any lost earnings, funeral and medical bills and so much more. However, what if you took your loved on to hospital but they did not survive because the doctor or medical staff was negligent? Can wrongful death be medical malpractice?
The short answer is yes, it can. However, there is a huge difference between the two and once you understand what the differences are, you will know what to expect out of your case.
What is Wrongful Death?
In a wrongful death case, you can file a lawsuit to imply thatyour loved one’s death was because of someone else’s negligent behavior. In most cases, a wrongful death cannot be attributed to medical malpractice. For example,
- Someone can slip and fall on a slippery floor in a store and break their neck
- Someone can be killed by a driver under the influence in a car accident
- Someone might be killed by a defective product
The legal description of wrongful death is defined as the act of someone else taking the life of another person willfully or due to negligence. Every state has a different statute for wrongful death but generally, they will determine who should be held liable and what type of losses need to be compensated.
Since wrongful death is a civil case, a person acquitted of murder can still be sued for wrongful death. The OJ Simpson trial is a perfect example of a person acquitted of murder and sued for wrongful death.
Every state determines who has the right to sue for wrongful death. It’s very important that you consult your Providence wrongful death lawyer in Rhode Island to find out if you can file for a wrongful death claim. A wrongful death lawyer can also advice you about family immunity, which means that two family members cannot sue each other for wrongful death damages.
There is also what is known as sovereign immunity whereby you cannot sue the government for wrongful death. Your Providence wrongful death lawyer will be able to advice you accordingly about sovereign immunity.
What is Medical Malpractice?
Medical malpractice is different from wrongful death because it does not always lead to death. The main focus of a medical malpractice lawsuit is the fact that medical professionals were negligent. You have to demonstrate that the doctor’s negligence directly caused harm to the patient. For instance, a court is more likely to order a hospital to compensate a patient who got an infection because the surgeon forgot an instrument inside the patient’s body, as opposed to the patient who got an infection because they never followed the doctor’s advice to take medication, which could have prevented the infection.
For your case you need to prove:
- The medical staff failed to deliver a good standard of care. There are sets of medical standard set in Rhode Island and it is within your rights to expect these standards. Failure to deliver them could constitute negligence.
- The injury you suffered was as a direct result of the doctor’s negligence.
- Your injuries are severe. Medical malpractice cases are expensive and your Providence medical malpractice lawyer might refuse your case if the cost of filing a suit is more expensive than the damages you will be awarded.
- There was no medical consent. If you did not sign a form to show that you agreed to a certain procedure or that you were aware of the consequences, then you might have a medical malpractice case.
Hire a Providence Wrongful Death Lawyer
If you are unsure whether you should file a wrongful death or a medical malpractice case, we can help you. At Kevin P Landry law offices, we understand that no money in the word can bring back your loved one but if someone else behaved negligently and caused your loved one to meet their premature death, you should at least get compensation for lost earnings and medical and funeral bills. Medical malpractice is a form of wrongful death and our Providence wrongful death lawyer can help build a solid case for you. Call us today at 401-751-0101 for a free initial consultation.