Wrongful Death versus Medical Malpractice
Wrongful Death
Wrongful death is, essentially, an umbrella term for death caused by any act of negligence, whether purposeful or accidental. Different types of wrongful death suits can be filed. Some of these are:
- Motor vehicle accidents
- Dangerous roadways
- Poorly maintained real property
- Intentional criminal actions
- Pedestrian accidents
- Slips or falls
- Defective products
- Work accidents, and
- Medical malpractice
Anyone who has lost a loved one as a result of someone else’s negligence can file a wrongful death suit. When you do so, you step into the shoes of the deceased and assume the burden of proof. Simply put, it is the loved one’s responsibility to prove wrongful actions lead to death. While statutes vary by state and locality, some actions are generally accepted as negligent. For example, a bartender who overserves an intoxicated individual, then fails to prevent intoxicated driving has performed a reasonably dangerous action. A property owner who fails to upkeep maintenance which then causes injuries leading to death can likewise be held accountable for negligence in many cases.
Compensation varies by case. When determining death compensations, monetary damages are first calculated as a baseline to which pain and suffering damages can be added. These settlements are generally paid out to wrongful death lawyers by the at-fault party’s insurance company. To further explore the verbiage of Florida’s statutes regarding wrongful death, visit the State Legislature’s website by clicking here.
Have a Claim To File?
Have you lost a loved one due to someone else failing to abide by their responsibilities or obligations? Call your local Gainesville wrongful death lawyer, Bagen Law Accident and Injury Lawyers. We fight for Florida’s injured across the state and offer free case reviews. Schedule a meeting today to see how we can be of service.
Medical Malpractice
While wrongful death is one result, medical malpractice is more specifically caused by sub-standard treatment from a medical provider. We trust medical professionals with our lives, but sometimes they make negligent errors that lead to preventable deaths. Some common medical malpractice incidents that result in wrongful death include delayed treatment, misdiagnosis, surgical errors, and improper treatment. In other words, medical malpractice implies some sort of breach of duty on the part of a medical professional. In order to prove medical malpractice, the injured party should prove several factors were present. These are failure to provide a proper standard of care, an injury irrefutably resulting from negligence, and that considerable damage resulted from said negligence. Considerable damage may mean disability, death, enduring hardship, constant pain, or even considerable loss of income. In addition to the presence of the above factors, the injured party must also obtain either a testimony or sworn affidavit from an industry professional with relevant experience.
Explore Florida’s statutes on different areas of medical malpractice here.
