In New York, the family of a person who dies as the result of a medical professional’s negligence may bring a wrongful death claim, which is intended to provide compensation for the loss the individual and the impact that loss will have for many years to come. The damages are based on the loss of companionship, mental anguish, and the value placed on the services that the deceased would have provided, based on a probability analysis. This action is brought by a surviving spouse, child, or parent of the deceased, depending on those left behind after the death.
A medical malpractice wrongful death action will be based on the negligent, reckless, or intentional act of the medical professional that led to the death. It may be brought against the wrongdoer, as well as his or her supervisor and the health care institution for which he worked.
There is a related cause of action for survival that is based on the harm suffered by the deceased before he died. Often, a person who is harmed by the negligence of a doctor, nurse, or other medical professional survives for some period of time after the wrongful act but ultimately dies. A survival action is intended to compensate for the suffering and economic harm during the period of time before death.
Under New York law, a wrongful death action generally must be brought within two years of the date of death. However, many medical malpractice actions have a shorter time period, which makes it crucial to contact an experienced attorney as soon as possible. The time in which to file an action begins to run when the medical professional injures the victim, even if the victim does not die for quite some time after the wrongful act. It may be possible to extend this time in which to file if the medical professional took steps to conceal the malpractice.
Medical malpractice wrongful death actions involve a complex array of laws and evidence of wrongdoing. It is imperative to have the right attorneys fighting for your rights. If you lost a loved one due to medical negligence, it is essential that you contact one of our medical malpractice wrongful death attorneys right away. Call Parker Waichman LLP at 1-800-YOURLAWYER (1-800-968-7529) for your free case review.
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