Wrongful Death – Medical Malpractice FAQ 

What is a Wrongful Death claim?

A wrongful death lawsuit claims that a person was killed as a result of negligence or unlawful conduct of another person or entity, and that the victim’s survivors, are entitled to some sort of monetary compensation as a result.

What is Medical Malpractice?

Medical malpractice is negligence on the part of a health care provider, either by direct act or by omission, which deviates from the accepted standard of practice and causes injury or death to the patient.  An error in judgment does not necessarily mean any malpractice occurred; it must be proven that no reasonable physician in the respective specialty would have done the same thing the defendant did.

Who can file a Wrongful Death lawsuit?

Family members, also called heirs, of a deceased person may file a wrongful death claim.  Most common plaintiffs include the parents, spouse, children (including adopted and step children), and/or siblings of the deceased.

What types of financial damages can be awarded?

Compensation awarded often includes some combination of financial support, funeral and burial costs, benefits each heir might reasonably expect to have received had the deceased lived, and/or compensation for lost love, companionship, solace, moral support, etc.  Talking to an experienced medical malpractice attorney can give family members a good idea of what compensation they may expect to be awarded.

How long do I have to file a wrongful death lawsuit?

In the state of Maryland, the statute of limitations in medical malpractice cases is five years from the time the injury was committed or three years from the date the injury was committed, whichever is shorter.  If the medical malpractice results in a wrongful death, an action may be brought within three years after death.

What do I do if I suspect that Medical Malpractice has occurred?

If malpractice is suspected, do not openly accuse or accost the health care providers.  A wise first step is to request the medical records of the patient so that they may be reviewed by an expert.  Next, it is a good idea to consult an experienced medical malpractice lawyer.  Wrongful death lawsuits can be extremely complex and time consuming.  The attorney chosen to review the case should be experienced in handling medical malpractice claims and have access to sufficient resources to have the case reviewed by top experts.