It is devastating to learn that your loved one has passed on, especially if you were under the impression that they were being cared for by trusted healthcare professionals. In a case like this, you may be qualified to file a wrongful death claim on your loved one’s behalf. Follow along to find out what constitutes a claim and how a proficient New York City wrongful death attorney at Mark Bodner, P.C. can help you explore your legal options.
Under what circumstances may I file a wrongful death claim?
First of all, wrongful death is a legal term that describes a situation in which a party’s negligence leads to the untimely death of another party. More specifically, a wrongful death due to medical malpractice is described as a hospital, doctor, or other healthcare provider making a medical error that leads to the untimely death of a patient.
Unfortunately, wrongful deaths occur far too often in New York State. With that being said, the following circumstances constitute a wrongful death claim:
- A doctor can make a surgical error.
- A doctor can make an error during a C-section or birth delivery.
- An anesthesiologist can administer too much anesthesia during surgery.
- A healthcare provider can make an untimely diagnosis of a medical problem.
- A healthcare provider can fail to diagnose a medical problem entirely.
- A healthcare provider can be fatally inattentive to patients.
- A healthcare provider can administer the incorrect medication.
So, if any of the above circumstances apply to your loved one, then you may proceed forward with a wrongful death claim. For your claim, you will have to collect enough evidence that justifies the following argument:
- The hospital, doctor, or healthcare provider in question was treating your loved one, and they, therefore, owed your loved one a duty of care.
- The hospital, doctor, or healthcare provider in question breached the duty of care by taking an action or failing to act in a way that an otherwise responsible medical professional would.
- The hospital’s, doctor’s, or healthcare provider’s action or inaction was the direct cause of your loved one’s death.
- The hospital’s, doctor’s, or healthcare provider’s action or inaction resulted in damages that you had to take on.
What is the statute of limitations for this claim?
Understandably, no amount of money can replace your loved one’s presence. However, you may require financial compensation to help pay for your loved one’s funeral expenses and medical treatments before their death, among other things. This may be accomplished via a wrongful death claim.
Importantly, you must bring your claim forward before New York’s statute of limitations. This deadline is usually two years from the date of your loved one’s death. Though you still may be mourning your loved one, you must act fast. Contact a talented New York City medical malpractice attorney today.