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Wrongful Death vs Medical Malpractice: What’s the Difference?

Posted on February 11, 2024 in

We trust our medical practitioners to have our best interests at heart, but there are times when medical professionals make mistakes. When a medical provider’s negligence causes harm, victims may be able to file a medical malpractice lawsuit to recover compensation. However, if the negligent actions of a medical provider lead to a person’s death, this could give rise to a wrongful death claim filed by an administrator of the deceased individual’s estate.

When Could a Medical Mistake Lead to a Wrongful Death Claim?

We usually don’t think of mistakes when considering medical care, but information from Johns Hopkins University shows that medical errors are the third leading cause of death in the US.

Medical malpractice claims arise anytime a person sustains an injury or illness caused by the negligent actions of their medical provider(s). These claims do not necessarily always get filed against doctors and surgeons. Other medical professionals must also uphold a certain standard of care for their patients. This includes nurses, pharmacists, physical therapists, physician assistants, paramedics, ophthalmologists, chiropractors, and others.

If a person is harmed as a result of the actions of a medical professional, they may be able to recover compensation by filing a medical malpractice lawsuit. However, if someone loses their life as a result of the negligent actions of a medical provider, this would typically turn into a wrongful death claim with a medical malpractice focus.

The wrongful death claim and this type of circumstance would revolve around the negligent actions of the medical provider. It would have the same form as a medical malpractice lawsuit, except the claim would get filed by the administrator or executor of the deceased individual’s estate.

In Connecticut, there are specific time frames individuals need to keep in mind when determining whether or not to file a medical malpractice or wrongful death claim.

The medical malpractice statute of limitations in Connecticut is two years from the date the malpractice occurred or two years from when the injury was first discovered or should have been discovered. No matter when an injury or illness is discovered, no medical malpractice claim can be filed more than three years after the incident occurs.

The wrongful death statute of limitations in Connecticut is also two years from the date of death. Generally, individuals who fail to file a lawsuit within these specific timeframes will not be able to recover compensation for their losses.

Speak to an Attorney for Help

We strongly encourage any person who has been harmed due to the negligent actions of a medical provider to contact an attorney immediately. If you have lost a loved one due to the negligent actions of a medical professional, speak to a wrongful death lawyer who can help you formulate the next steps moving forward.

Medical malpractice claims are challenging, and filing a wrongful death claim based on medical malpractice will likely lead to victims going up against well-funded and aggressive legal teams and insurance carriers working for the medical professional or medical agency in question.

When you have an attorney by your side, you will have an advocate ready to conduct the thorough investigation needed to determine liability for a medical malpractice claim. They will enlist assistance from trusted medical experts who can offer expert witness testimony.