When an individual suffers an injury due to a preventable medical error, they may have a medical malpractice claim in Washington. These claims hold medical providers accountable for providing substandard care. Wrongful death cases in Seattle, WA are personal injury claims where a victim suffers fatal injuries due to the negligence of another party.
Wrongful death and medical malpractice cases may overlap when a patient dies due to a healthcare professional’s failure to provide proper care.
Overview of Medical Malpractice Claims
A medical malpractice claim arises when a medical professional fails to meet the accepted medical standards and causes injury to a patient. The professional standard of care refers to the level of skill, knowledge, and care that a reasonably competent provider with similar training would have exercised under the same circumstances involving the patient.
To succeed in a medical malpractice case, you must generally prove:
- You were in a provider–patient relationship.
- The applicable standard of care for the procedure or treatment.
- How the provider deviated from that standard
- That the deviation caused the patient’s injury or worsened condition
- You suffered damages due to the incident.
Medical malpractice claims can involve any conduct where a provider is expected to adhere to proper medical standards. This may include, but is not limited to, surgical errors, failure to diagnose, medication mistakes, birth injuries, or improper monitoring. These cases typically require expert medical testimony to establish how the professional’s conduct violated the standard of care.
Importantly, medical malpractice claims are not limited to cases where the patient survives. If negligence results in death, the claim may take a different legal form.
Overview of Wrongful Death Claims
Under Washington state law, wrongful death claim is a legal action brought when someone dies as a result of another party’s negligence or intentional misconduct. Wrongful death cases are not limited to medical malpractice; they can arise after any type of accident (e.g., motor vehicle accidents, workplace accidents, etc.)
To be sure, wrongful death claims can also stem from medical malpractice. In these cases, the underlying issue is whether the provider caused the patient’s death due to substandard care. If the deceased had been able to file a personal injury claim had they survived, certain family members may have a right to file a wrongful death claim against the responsible parties.
Differences in Damages Between Med Mal and Wrongful Death Cases
One of the most significant differences between medical malpractice claims and wrongful death claims is the damages available.
In a standard medical malpractice case where the patient survives, damages may include:
- Medical expenses
- Future medical care
- Lost wages or diminished earning capacity
- Pain and suffering
- Emotional distress
- Reduced quality of life
In a wrongful death claim, damages are designed to compensate surviving spouses, children, or other eligible beneficiaries for the losses they suffered due to a loved one’s death. These include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Emotional suffering of surviving family members
In some situations, the personal representative of the estate may file a “survival action” to recover damages the individual would have been entitled to seek through a personal injury claim.
An Experienced Attorney Can Help You Identify What Kind of Claim You Have
The line between medical malpractice and wrongful death can be complex, especially when both concepts overlap. If you believe you have a medical malpractice or wrongful death claim, an experienced attorney can help you evaluate your legal rights. Contact Darrell Cochran Personal Injury Lawyers to schedule a free consultation to learn more about your case.