When a patient’s death is attributable to medical negligence, you may be able to sue for wrongful death. You must be able to prove that a medical provider’s negligence caused a patient’s death. The damages recovered in a wrongful death differ than other malpractice claims, as the decedent’s heirs become the potential plaintiffs.
If the decedent was married, then the spouse and children would be the potential plaintiffs. If the case involves the death of a child, then the parents become the plaintiffs. Even though determination of the correct plaintiffs may be complicated, all wrongful death heirs must be named in a wrongful death action.
Unlike other medical malpractice cases, the decedent’s pain and suffering occurring prior to death are not recoverable by the plaintiffs under California law. California law also limits the maximum potential amount that the jury can award all the plaintiffs combined for general, or non-economic, damages to $500,000. Economic damages, however, are not capped in California.
There are many components to a wrongful death case based on medical negligence. The economic losses occasioned by the wrongful death are always at issue, regardless of whether the patient was working at the time. Factors such as “home services” are also assessed. It is essential to hire an experienced medical malpractice attorney to maximize your potential recovery.
The statute of limitations governs when a wrongful death action must be timely filed. In California, survivors can sue up to three years after the death of their loved one, or one year from the date that they suspected that the death was caused by medical negligence, whichever date occurs first. Working with an ACTS LAW medical negligence attorney is the best way to ensure that the lawsuit is timely filed and that your family generates maximum recovery for the wrongful death of your loved one.
Contact Bruce Brusavich and Eduardo J. Ascencio if you think that you have been a victim of a medical wrongful death or medical malpractice. Our team of zealous lawyers has nearly 70 years of combined experience to get you the help you deserve.
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I am so impressed with Atty Terry Bailey. I needed a 2nd opinion on inverse condemnation case. He was knowledgeable, experienced and just as important, very human in dealing with my dilemma. He took the time to listen and understand the issues relating to my property damage caused by county negligence and never rushed me or interrupted me. He listened carefully and understood, it was very clear how experienced he is. I highly recommend Mr. Bailey.
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Bruce Brusavich has represented thousands of individuals and businesses in a variety of areas, including personal injury, insurance bad faith, business litigation, elder abuse, professional malpractice, product liability and wrongful death.
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