The untimely passing of a loved one due to suspected medical negligence is devastating. Many families in New York find themselves confused about who is legally allowed to file a wrongful death lawsuit. Given that medical malpratcie cases are complex, it’s in your best interest to connect with an experienced New York City Wrongful Death Attorney who can help secure justice. Please continue reading as we explore who is legally permitted to file a wrongful death lawsuit in New York.
What is a Wrongful Death Medical Malpractice Claim?
First and foremost, it’s crucial to understand that a medical malpractice wrongful death claim arises when a healthcare provider’s failure to meet the accepted standards of care results in a patient’s death. This fatal negligence often stems from common medical mistakes like misdiagnosis, surgical errors, medication mix-ups, or delayed treatment.
Who is Eligible to File a Wrongful Death Claim in New York?
The rules for filing a wrongful death lawsuit vary significantly by state. In some states, immediate family members are allowed to file a claim. However, in New York, only the personal representative of the deceased person’s estate is entitled to file a wrongful death lawsuit. This individual is the executor named in their Will or a court-appointed administrator if there is no valid Will.
Although the personal representative is the only individual permitted to file a claim, it’s pursued on behalf of eligible surviving family memers, who receive any compensation awarded. Surviving family members cannot pursue the lawsuit themsevless unless they are acting as the estate representative. Beneficiaries may include:
- Spouses
- Children
- Parents
- Any other qualifying dependents
What Compensation is Available in a Wrongful Death Claim?
Surviving family members may recover compensation for quantifiable out-of-pocket losses, such as:
- Medical bills accumulated before passing
- Funeral and burial costs
- Lost income and benefits
- Loss of household services
- Loss of inheritance
It should be noted that non-economic damages are usually limited in wrongful death cases. Furthermore, a suvrival action is a legal claim that can be filed alongside a wrongful death claim to recover damages for the pain, suffering, and financial losses the victim endured before they passed. Damages recoverable include:
- Pain and suffering
- Medical bills before death
- Lost wages before death
- Emotional distress or mental anguish
How Long Do You Have to File a Wrongful Death Malpractice Lawsuit?
Wrongful death malpractice claims have strict filing deadlines. If you fail to file your claim within the right timeframe you relinquish your right to pursue compensation. In New York, personal representatives normally have two years from the date of the death to file a claim.
If you have lost your loved one due to medical malpractice, it’s in your best interest to contact Mark L. Bodner, P.C. for a free consultation.