Experiencing the loss of a loved one is probably the most difficult and stressful situation a family can face.  When a family member dies as a result of medical malpractice because of the negligence of a medical professional or medical facility, the grieving family has a legal right to find out what caused the death and be compensated for their loss.

It is important to understand that California wrongful death claims are handled differently than other medical malpractice cases, mainly with the type of damages that can be recovered by the heirs.  For example, any pain and suffering the decedent may have suffered before the death is not recoverable by the heirs.  There is an exception and this involves nursing home abuse, whereby the family can recover for the pain and suffering the elderly abuse victim encountered before the death.  This statute was enacted to help protect the elderly who are most vulnerable, and due to the alarming number of nursing home abuse cases.

A wrongful death lawsuit provides both non-economic and economic compensation for the grieving family.  Under California law, with the exception of elderly abuse, the maximum the heirs may recover for non-economic damages for any type of medical malpractice case, including wrongful death cases is $250,000.  However, there is no limit to what a family may recover for economic losses.  This amount may be significant when factoring in the income and age of the deceased.  Even if the decedent was not working, California law recognizes economic value for services the decedent provided to the family such as cooking, house cleaning, and baby-sitting.   

The plaintiffs of a wrongful death case are the heirs to the descendant.  If the death involves a child, the parents are the heirs.  If the decedent was married, the heirs are the spouse and any children.  If the wrongful death patient was not married, then the heirs would be the children.  If the decedent had no children, then the heirs would be the parents.  If the parents are no longer alive, then the heirs would be the victim’s siblings.

Visit wrongful death video for an informative video about the subject.

The family members of a wrongful death victim have a legal right to find out what caused the death of their loved one and to be legally compensated for their loss.  This is where it is critical to retain the services of an experienced medical malpractice attorney who has a track record successfully handling wrongful death cases.  Dr. Bruce Fagel is a medical malpractice attorney and a licensed medical doctor. Prior to becoming an attorney, Dr. Fagel practiced emergency room medicine for over 10 years. 

If a family member has died because of the negligence of a nurse, doctor, or medical facility, you may have a wrongful death case. To find out more information about wrongful death claims, contact California wrongful death attorney, Dr. Bruce Fagel at (800) 541-9376 for a free consultation.

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