The Difference Between Wrongful Death and Medical Malpractice

Inevitably our number is called and we must leave this wild, wonderful planet. Sadly, many people shuffle off the mortal coil well before their time, and by no fault of their own. To lose a loved one in an accident or due to an error in medical treatment is tragic, and while no amount of money can make up for the time you'll never share with a spouse or family member, it is helpful to know that compensation can be had to take care of funeral costs and other bills. A reputable attorney can help.

Before you proceed with hiring a lawyer for litigation, it will help you to understand the difference between wrongful death and medical malpractice with regards to your case. Whether your loved one died as a result of complications from a medical procedure or from injuries sustained in an automobile accident, it's important to know which type of suit you plan to pursue. Let's take a look at how wrongful death differs from medical malpractice, because they are not always mutually exclusive.

Wrongful Death

As the name implies, a wrongful death suit seeks to award compensation to the surviving family or heirs of a person who died as a result of negligent behavior or circumstances. In such a case, the circumstances need not necessarily involve medicine:

• A person killed in a vehicular accident by a drunk driver
• A person killed accidentally after an assault
• A person who dies after eating food discovered to be spoiled or tainted, unbeknownst to him

The above are examples where a wrongful death suit may be feasible. Surviving family members may consider talking with an attorney who specializes in these cases to determine if compensation is possible.

Medical Malpractice

One thing to note about medical malpractice is that not every case has to result in the death of a patient. Medical malpractice suits focus on the negligence of a medical professional that caused harm, with compensation sought to alleviate bills and, in some cases, assist the wronged party if he/she is unable to work or walk as a result. People who have experienced disability or disfigurement as a result of a doctor of medical staff's actions may have a case, as do others in certain situations:

• Nursing home patients mistreated in their facility
• Patients in a hospital who receive inadequate care that affects their health
• Families of patients who die as a result of neglect or incompetent behavior

If you are not certain if you stand to gain financially following the death or serious injury of a loved one, consult with a personal injury lawyer who specializes in such cases. The more you know, the better prepared you are when you wish to face those who wronged you.

Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury lawyers and Maryland personal injury lawyers.