When your loved one goes to the doctor or a hospital for care, you anticipate that they will be treated with nothing but the utmost respect and a high standard of care. Under New York law, medical negligence results in wrongful death when a healthcare provider fails to follow accepted medical standards, ultimately resulting in the death of the patient. If your loved one has suffered a wrongful death as a result of medical negligence, understanding the options you and your family have to fight for justice is critical. The following blog explores what you should know about these complicated matters and the importance of working with an experienced New York City wrongful death attorney to help you navigate these complex matters.
What Is Medical Negligence that Leads to Wrongful Death in New York?
Essentially, any time a doctor, nurse, hospital, or healthcare provider fails to provide adequate care to someone in their care, and that failure results in death, it can constitute a wrongful death. Due to their nature, these cases fall under both New York wrongful death statutes and medical malpractice law.
Common Medical Errors That Can Have Fatal Outcomes
- Surgical mistakes, such as operating on the wrong body part or leaving foreign objects in the surgical site
- Medication errors, like prescribing an incorrect dosage or failing to check for allergies or interactions
- Anesthesia errors before or during surgery
- Infections caused by inadequate sterilization
- Failure to diagnose or delayed diagnosis of life-threatening conditions, like cancer or sepsis
- Missed signs of internal bleeding
- Delayed response to postoperative complications
- Failure to recognize or treat heart attacks or strokes
How Does New York Law Define a Wrongful Death?
In New York, a wrongful death occurs when someone dies as a result of the wrongful act or neglect of another party, which includes medical and healthcare professionals. These cases are overseen by the New York Estates, Powers & Trusts law.
Hospitals and medical facilities in New York City and across the state must adhere to strict healthcare regulations and professional standards. In the event that providers fail to follow these regulations, families may have grounds to pursue a wrongful death claim in accordance with New York state law.
Who Is Legally Eligible to Pursue a Wrongful Death Claim?
- The personal representative of the estate of the deceased must file the claim
- Surviving family members cannot pursue a claim on their own
- Surviving family members are eligible to receive compensation from the estate if a lawsuit is successful
- If there is no personal representative, one will be appointed by the Surrogate’s Court
Damages Recoverable in a Medical Wrongful Death Case
It’s necessary to understand that no amount of money can replace your loved one. However, under New York law, the families of a wrongful death victim are eligible to recover compensation for damages incurred as a result of their death. Understanding what compensation you may be eligible to recover is critical.
Financial Losses Surviving Family Members May Recover
- Funeral and burial expenses
- Medical bills incurred from their final injury or illness
- Loss of the deceased’s financial income and support
- Loss of services the deceased would have provided, like childcare or household contributions
- Loss of parental guidance and emotional support for surviving children
Damages Related to the Deceased’s Suffering Before Death
- Pain and suffering endured before death
- Emotional distress at the awareness of the impending death
- Medical costs incurred between injury and death
How Long Do You Have to File a Wrongful Death Claim in New York?
Like all legal matters, New York imposes a strict filing deadline, known as the statute of limitations, that must be adhered to in order to recover compensation. Failure to file before the statute of limitations expires will result in being barred from collecting compensation, even if negligence and damages are overtly apparent.
Key Filing Deadlines
- Under New York law, wrongful death claims must be filed within two years from the date on which the individual passed away
- Deaths that occurred at or involved a government-run hospital require a Notice of Claim within 90 days from the date of the death
Why Are Medical Wrongful Death Cases So Complicated?
Unfortunately, due to their nature, wrongful death cases that are the result of medical negligence can be incredibly difficult to navigate. Often, these involved intense investigations, expert testimony from medical professionals, and a comprehensive review of hospital records. As such, gathering as much evidence as possible is critical to seeking the best possible outcome for your claim.
Evidence Commonly Used to Prove Negligence
- Medical records and treatment timelines
- Expert testimony from other professionals in the same specialty
- Witness statements from friends or family members
- Autopsy reports and cause-of-death findings
- Hospital policies and safety protocols
Contact an Experienced New York City Wrongful Death Lawyer
When your loved one passes away due to the negligence of an individual whose responsibility is to help them, it can be devastating. However, navigating a wrongful death lawsuit while grieving the loss of a loved one can be downright overwhelming. That is why the team at Mark L. Bonder, P.C., is ready to fight for you. Our firm understands how difficult these matters can be, which is why we are committed to helping you fight for justice on behalf of your loved one. Contact us today to learn more.