Losing a loved one is devastating, but the pain is especially acute when that death could have been prevented. If you believe your family member died due to a hospital or doctor’s error, it may be classified as a wrongful death caused by medical malpractice. In New York, you have legal rights to pursue justice and financial recovery.
What Is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm or death to a patient. Examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Anesthesia complications
- Failure to monitor vital signs
- Improper medication or dosage
When these errors lead to fatal outcomes, they may be grounds for a wrongful death claim.
Who Can File a Claim in New York?
Under New York law (EPTL §5-4.1), only the personal representative of the deceased’s estate can bring a lawsuit for wrongful death. That representative may be a family member or court-appointed individual, and they file the claim on behalf of the beneficiaries.
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Building a Medical Malpractice Wrongful Death Case
Establishing liability in medical negligence cases can be complex. You must prove:
- A doctor-patient relationship existed
- The provider breached the standard of care
- The breach directly caused death
Medical experts play a key role in substantiating these claims. That’s why having experienced wrongful death lawyers with a network of trusted professionals is essential.
Damages You Can Recover
In a medical malpractice wrongful death lawsuit, families may recover compensation for:
- Final medical expenses
- Funeral and burial costs
- Lost income and benefits
- Loss of parental care or spousal companionship
- Conscious pain and suffering (if proven prior to death)
Why Legal Help Is Critical
Medical institutions and their insurance providers will work quickly to deny liability. The legal team at the Law Firm of Steven Gacovino P.C. has decades of experience handling these complex claims and can help secure the evidence, experts, and strategy necessary to build a strong case.
If you’re searching for a wrongful death lawyer near me or suspect a hospital’s mistake led to your loss, don’t wait. Contact our Long Island wrongful death attorneys today for a free consultation.
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