You may have enough life experience to know that death is something that happens every single day. But when a loved one of yours passes away seemingly unexpectedly, this may hit so close to home. While grieving, you may search for answers to make this terrible event all make sense. Sadly, you may realize your sneaking suspicion that your loved one’s treating medical professional may have had a hand in their death. If this is similar to your current state of mind, please continue reading to learn whether a patient’s death constitutes medical malpractice and how an experienced New York City wrongful death attorney at Mark L. Bodner, P.C. can help you pursue a potential claim.
Does a patient’s death constitute medical malpractice in New York?
Under New York civil law, a patient’s death alone does not automatically constitute medical malpractice. Rather, the plaintiff working on behalf of the deceased individual carries a burden of proof in demonstrating that a medical professional’s negligence was involved. That is, they have a duty to prove the following set of circumstances as true:
- The plaintiff must prove that a medical professional was negligent by deviating from the standard of care accepted in the New York medical community:
- The medical professional negligently misdiagnosed their loved one.
- The medical professional performed a surgical error on their loved one.
- The medical professional recommended the wrong type of treatment to their loved one.
- The plaintiff must prove that this negligence caused their loved one to incur life-threatening or life-ending illnesses or injuries unnecessarily.
- The plaintiff must that that these life-ending illnesses or injuries ultimately resulted in their loved one’s untimely passing.
Who can file a wrongful death claim after a patient’s death?
If you believe that you can easily prove the aforementioned circumstances as fact, you may be strongly considering filing a wrongful death claim on behalf of your loved one. Still, before doing so, you must confirm that you have this capability under New York civil law. That is, only the personal representative of the deceased’s estate may be eligible to serve as the plaintiff of this claim type. Here, they may be filing on behalf of anyone who relied on the deceased for financial support, such as the following individuals:
- The deceased’s surviving spouse.
- The deceased’s surviving children, including their adopted children.
- The deceased’s surviving parents.
- The deceased’s surviving grandparents, and their children and grandchildren.
- The deceased’s surviving grandchildren and great-grandchildren.
Lastly, a wrongful death claim due to medical malpractice must be brought forward within two years and six months of your loved one’s passing. This may be slightly extended from other wrongful death claims, which typically hold a statute of limitations of just two years.
In conclusion, as a person who is mourning the wrongful death of a loved one, there is no one better you can turn to than a skilled New York City medical malpractice attorney from our firm. So please, call us at Mark L. Bodner, P.C. as soon as possible.