What Is the Difference Between Malpractice & Wrongful Death?

When a family member passes away while or soon after receiving medical treatment, you may wonder whether your family may have a medical malpractice or wrongful death claim. You may also wonder about the differences between medical malpractice and wrongful death.

Wrongful death is a type of legal claim families can pursue after the death of a loved one. Medical malpractice is a type of negligence committed by a health care professional. However, malpractice can sometimes result in a wrongful death case. A knowledgeable attorney can help you understand the differences between malpractice and wrongful death and what rights your family may have after losing a loved one following medical treatment.

The attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C. take a client-focused approach to handle injury and wrongful death cases in Phoenix and throughout the West Valley. Our legal team has many years of combined experience in a wide range of practice areas. Our boutique-firm size allows us to offer each client the personalized attention they need during a difficult time in their lives.

With our firm, you will always receive accurate, honest, straightforward advice about your case and the ideal paths for moving forward. We also have the knowledge and resources needed to tackle even the most complex and challenging cases. Turn to the seasoned attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C. for a confidential case review to learn more about your family’s options for demanding accountability and justice.

What Is Medical Malpractice?

Medical malpractice occurs when a health care professional fails to provide the standard of care expected in a patient’s case, and the patient suffers harm because of the provider’s actions or failure to act.

The standard of care may differ in each patient’s case but is generally defined as the treatment decisions and actions that other healthcare providers of similar training and experience would undertake in identical circumstances.

Even if a patient suffers an adverse outcome from medical treatment, it does not constitute medical malpractice if other providers would have rendered the same treatment to the patient.

What Are the Different Types of Medical Malpractice?

Common examples of medical malpractice include:

• Misdiagnosis or failure to diagnose
• Diagnostic and lab-testing errors
• Misinterpreting test results or scans
• Delayed treatment
• Surgical errors, including improper anesthesia dosage, surgery on the wrong body part, leaving objects in a patient or failing to react to complications
• Premature discharge
• Inadequate post-operative or discharge instructions
• Inadequate follow-up care
• Hospital-acquired infections
• Birth injuries
• Medication errors, including prescribing contraindicated medicine, incorrectly calculating dosage, or administering medication to the wrong patient

What Is Wrongful Death?

Wrongful death refers to a type of legal claim that arises when a person passes away due to someone else’s negligence. In addition to medical malpractice, wrongful death claims can arise because of other types of negligence, such as driving while distracted or failing to keep your property safe, should such behavior lead to fatalities.

How Do You Prove Wrongful Death?

To recover compensation in a wrongful death claim, you must prove that the defendant’s negligence caused injury, illness, or other physical harm to the decedent. You must also prove that the decedent’s death resulted from their injury or physical harm and that their death was a reasonably foreseeable outcome of those injuries. For example, a patient’s death would likely be foreseeable after failing to diagnose a fatal illness.

Finally, you must show that the loss of your loved one has resulted in specific losses that your family should be compensated for, such as funeral expenses or lost financial support.

What Are Different Types of Wrongful Death?

Examples of cases of negligence that can lead to a wrongful death claim include:

• Medical malpractice
• Motor vehicle accidents
• Boating, train, or aviation accidents
• Nursing home abuse or neglect
• Slip and fall accidents
• Negligent security incidents
• Defective product accidents
• Construction site accidents
• Workplace accidents
• Assault and battery

What Happens When Medical Malpractice Leads to Wrongful Death?

If a medical provider’s negligence results in a patient’s death, the provider may become liable for the losses that are suffered by the patient’s immediate family members and dependents. The provider may also be liable for the expenses and losses incurred by the patient before their death because of the provider’s negligent care. The patient’s estate can pursue compensation for medical malpractice through a survival action, or the continuance of an injured party’s personal injury claim after their death.

What Types of Damages Can Be Recovered for a Wrongful Death Claim?

In a wrongful death claim, you and your family may be entitled to recover compensation for losses you have all suffered because of your loved one’s passing. Losses you can seek financial recovery for may include:

• Loss of the decedent’s financial contributions to the family
• Loss of the value of the services the decedent performed around the household
• Funeral and burial expenses
• Loss of the decedent’s love, affection, comfort, guidance, and society
• Surviving family members’ emotional distress, trauma, and pain

Is There a Statute of Limitations on Wrongful Death Claims?

Under Arizona law, the statute of limitations typically requires a wrongful death lawsuit to be filed in court within two years of a decedent’s passing. If your family’s wrongful death lawsuit is not filed before the statute of limitations expires on your claim, you run the risk of losing your right to recover compensation from a negligent healthcare provider or another liable party if your suit is dismissed by the court as untimely.

Contact a Wrongful Death Lawyer in Arizona Today

Get the legal help you and your family need when your loved one’s death may have resulted from negligent medical care. Contact an Arizona wrongful death lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C. today for a confidential consultation to discuss how our firm can help your family pursue the compensation and justice you deserve for your loved one’s passing.

Visit our Sun City Wrongful Death Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…