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What Is The Difference Between Wrongful Death And Medical Malpractice?

What Is The Difference Between Wrongful Death And Medical Malpractice?

When a loved one dies – especially under tragic circumstances – you may be thrown into a whirlwind of decisions and information. Here at Cesar Ornelas Law Firm, we make things simple and straightforward. This is a time to leave the complicated details to the professionals and focus on what you and your family need to recover. 

If you suspect your loved one has died from the negligence of another person, you have the right to hold them accountable. Legal terms can be tricky, but we want to make this as easy as possible for you. If you are wondering what exactly differentiates wrongful death and medical malpractice, Cesar Ornelas has the answers you need.

What Is Wrongful Death?

Wrongful death is a more general term that encompasses all situations in which a careless, wrongful or negligent act of one person leads to another person’s death. This term does include medical malpractice, but it is not limited to it. Wrongful death cases deal with a variety of circumstances in several fields of law. Some examples of wrongful death cases are caused by:

  • Medical malpractice
  • Auto accidents caused by negligence
  • Assault (resulting in unintentional death)
  • Defective medical devices
  • Recalled vehicles
  • Recalled food

What Is Medical Malpractice?

Medical malpractice is a specific form of wrongful death that happens when a healthcare provider – such as a doctor, nurse, surgeon, midwife, hospital staff or pharmacist – causes harm to a patient through negligence. Medical malpractice can occur at any time during the treatment or follow up process, but there are some common examples:

  • Misdiagnosis
  • Failure to diagnose
  • Surgery errors
  • Birth injuries
  • Nursing home abuse
  • Delayed treatment
  • Mediation mistakes

Wrongful Death vs. Medical Malpractice

While there are very specific legal differences between wrongful death and medical malpractice, there are also different kinds of damages that can be sued for. This differentiates the two categories further and is important to know if you’re unsure which damages you can fight for.

Medical Malpractice Damages

  • Medical expenses
  • Lost wages
  • Disability or disfigurement
  • Punitive damages

Wrongful Death Damages

In addition to the damages listed above, wrongful death plaintiffs may sue for:

  • Funeral/burial expenses
  • Loss of financial support
  • Pain/suffering
  • Loss of consortium
  • Loss of guidance (children of deceased) 

How A Wrongful Death Attorney Can Help

We all hope that our family members live long and full lives, but in the event that your loved one passes away, you may need help to fight for justice – especially when their death could have been prevented. Wrongful death claims can be painful and emotional, and you’ll need a team of experienced lawyers to take the weight of the legalities off your shoulders. 

Let Cesar Ornelas Fight For You

Our team of experienced wrongful death attorneys will stop at nothing to make sure this difficult time in your life isn’t so stressful. We aim to serve our clients complete with a commitment to their lives and hardships. When you need a wrongful death attorney, call Cesar Ornelas. We’ll get you the justice you deserve.

Helpful Resources

Wrongful Death Attorney

Who can claim a wrongful death suit in Texas?

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