It is quite easy to mix up medical malpractice and wrongful death because of their similar concepts. However, understanding the distinction between these two types of claims is important because they actually have little to do with each other.
At first glance, medical malpractice and wrongful death may seem similar because they involve healthcare providers and the providers’ duty towards patients. However, these legal terms address different circumstances and consequences.
What is medical malpractice?
Medical malpractice arises when a healthcare provider’s services fall short of the expected standard. In this case, the healthcare provider can be a doctor, a nurse or a medical facility.
Affected patients can pursue a claim if they can prove four elements:
- The healthcare provider had a duty of care based on an established doctor-patient relationship
- The healthcare provider was undeniably negligent in their service delivery
- The patient sustained injuries due to the healthcare provider’s negligence
- The patient’s injuries resulted in additional medical expenses and/or other damages
Suppose a surgeon leaves a surgical instrument inside a patient. The instrument may cause an infection. The patient may then require additional surgery to remove the equipment. In such a case, the surgeon’s oversight demonstrated a breach of duty, qualifying as medical malpractice.
What is wrongful death?
Wrongful death arises when a patient dies in the hands of healthcare providers due to negligence, recklessness or intentional acts.
The family of the deceased patient can pursue a wrongful death claim if their loved one’s death could have been prevented. To demonstrate that the healthcare providers didn’t exercise proper care, the deceased’s family should demonstrate that:
- The healthcare providers’ actions fell short of the expected standard of care
- The patient died because of the healthcare providers’ negligence
- The patient’s death caused the family emotional and financial harm
For example, a misdiagnosis of a treatable condition led to a patient’s untimely death. In this scenario, the failure to provide timely and accurate medical care may constitute wrongful death.
Understanding whether a case involves medical malpractice or wrongful death is important for pursuing justice. In either case, mediation can offer a less adversarial way to resolve disputes during such a challenging time. For individuals considering legal action or mediation for a medical malpractice or wrongful death case, our skilled mediation team in Calabasas is willing and able to help. Scheduling a consultation may be help you secure compensation for your loved one’s death.