Do I Have a Valid Wrongful Death Claim Against a Doctor in NYC?

doctor holding stethoscope

When we see a doctor or any other type of physician, in many ways, we’re trusting them with our lives. Unfortunately, it’s not rare for physicians to make mistakes or otherwise fail to implement the best line of treatment. In many cases, these mistakes are reversible, however, this isn’t always true. In the worse cases, a person can lose their life as a result of negligence on the part of their doctor. This is unacceptable, and if your loved one was harmed at the hands of a doctor, our firm is on your side. Please continue reading and reach out to our compassionate and experienced New York City wrongful death attorney to learn more about whether you may have a valid wrongful death claim against your doctor and how our legal team can fight for the compensation you deserve.

How do I know if I have a valid wrongful death claim against my loved one’s doctor in New York?

Proving wrongful death in a medical malpractice case isn’t always easy, so you’ll need to retain the services of a seasoned New York City medical malpractice attorney who can assess the circumstances of death, consult with medical professionals, and determine whether you have a valid claim against the doctor in question. To win a medical malpractice claim, we’ll need to prove several things. They are as follows:

  • The doctor in question was the doctor treating your loved one, and that doctor, therefore, owed your loved one a duty of care.
  • The doctor breached the duty of care by taking an action (or failing to act) in a way that an otherwise responsible physician would.
  • The doctor’s action or inaction was the direct cause of your loved one’s death. In other words, had the doctor acted as another reasonable doctor would, your loved one would have lived.
  • The action or inaction resulted in damages.

As long as we can prove these things, you should qualify for compensation via a wrongful death claim against your doctor. This compensation should help you cope with both the economic and non-economic damages you and your loved one have sustained. Some examples of both economic and non-economic damages are as follows:

  • Funeral expenses
  • The loss of enjoyment of life
  • The cost of medical treatment received prior to the death
  • Loss of companionship or guidance
  • Pain and suffering
  • Lost wages that your loved would have provided


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process.聽Contact聽us聽today.