Losing a loved one is devastating in any circumstance, and especially so when the death could have been avoided. In California, families often wonder whether they have a wrongful death case or if the situation falls under medical malpractice law. These two types of claims can overlap, but they are not the same.
Knowing the difference helps families decide what legal action to take and what damages may be recovered. Read on for further information, and contact our lawyers for a free consultation if you need help filing a claim.
Wrongful Death in California
California’s wrongful death law allows certain family members to file a lawsuit when negligence or intentional conduct causes someone’s death. The focus is on the harm suffered by the surviving relatives, not on the injuries the deceased person experienced.
Examples of wrongful death cases include:
- Fatal car accidents caused by careless drivers
- Workplace accidents due to unsafe conditions
- Defective products that lead to deadly injuries
- Medical malpractice that results in death
Under California Code of Civil Procedure § 377.60, surviving spouses, domestic partners, children, and other financial dependents are eligible to bring a wrongful death claim.
Compensation in these cases may include:
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Loss of love, companionship, and guidance
Ultimately, the goal in these cases is to ease the financial and emotional impact on the family after a tragic loss.
Medical Malpractice in California
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result. Unlike wrongful death, a malpractice case does not always involve death. Many patients survive but suffer serious injuries, disabilities, or worsening illnesses.
Examples include:
- Mistakes during surgery
- Misdiagnosis or delayed diagnosis
- Medication errors
- Failure to provide proper treatment
- Birth injuries caused by medical negligence
When malpractice leads to death, the family may have both a wrongful death claim and a malpractice claim. Still, malpractice cases come with extra rules. California law sets a statute of limitations of three years from the injury or one year from when the injury was discovered, whichever comes first.
Key Differences Between the Two
The main differences between wrongful death and medical malpractice in California include:
- Cause of action: Wrongful death applies to any death caused by negligence or misconduct, while malpractice is limited to mistakes by healthcare providers.
- Damages: Wrongful death compensation goes to family members for their losses, while malpractice may also cover the patient’s pain and suffering before death.
- Legal restrictions: Malpractice claims face unique limits on damages and stricter filing deadlines compared to general wrongful death lawsuits.
These are both claims that can be worth substantial amounts of money, but you will almost certainly need a lawyer on your side to secure maximum compensation.
Contact The Law Offices of Dr. Bruce G. Fagel and Associates for a Free Consultation
Wrongful death and medical malpractice claims are closely related but not identical. Wrongful death is broader, covering any death caused by negligence or wrongdoing. Medical malpractice is more specific, focusing only on errors by medical professionals. Sometimes, families may pursue both claims if a medical mistake caused the death.
The Law Offices of Dr. Bruce G. Fagel and Associates is qualified to help you with either type of claim. Contact us today to learn more and to schedule a free initial consultation.
