There is probably no greater pain a family can encounter than the loss of a loved one.  If a family member dies not by natural causes but due to the negligence of a medical professional or medical facility, this can be a particularly bitter pill for the grieving family to swallow.  In a situation like this, a wrongful death lawsuit enables the family of the deceased to receive compensation for their losses, including loss of wages, medical expenses, funeral expenses, companionship, and services the deceased may have provided to the family such as cooking, cleaning, and daycare.  Also of particular importance to a family is a wrongful death lawsuit provides answers as to who was responsible and how their loved one died.

In a wrongful death claim, the attorney will examine the medical records and autopsy report to determine the cause of death and who was responsible for the death.  In some cases, such as many elderly death cases, or patients with underlying medical conditions, no autopsy report may have been created, but instead, the cause of death is left to the opinion of the physician who was treating the patient. 

In a California wrongful death lawsuit the plaintiffs are the heirs to the decedent.  If the death happened to a child, the parents would be the heirs.  If the decedent was married, the heirs are the spouse and children.  If the decedent was not married, nor had any children, the heirs would be the parents.  If the parents are not alive, then the heirs would be the decedent’s siblings.

It is important to understand that each state in the U.S. has its own laws with respect to wrongful death claims.  California wrongful death law places a limit on the recovery for non-economic damages for the heirs at $250,000.  However, the amount of economic damages does not have a limit for recovery.  One exception to the $250,000 non-economic limit involves wrongful death claims from nursing home abuse.  In these lawsuits, the family can also seek damages for the pain and suffering the decedent may have suffered before the death occurred. This statute was enacted by California due to the number of nursing home abuse cases and to send a message to nursing homes to curtail this type of abuse.  Each state also has its own unique statute of limitations placing a time limit on how long the decedent’s family members can wait before losing their legal opportunity to file a wrongful death claim.

If you lost a family member because of medical malpractice, you may have a wrongful death claim.  You should contact an experienced California wrongful death attorney who understands the various California laws and complexities regarding wrongful death, including the laws regarding the value of services provided by the decedent to his or her family.  Dr. Bruce Fagel has helped many families recover damages from wrongful death due to medical malpractice. You can call the Law Offices of Dr. Bruce G. Fagel & Associates at (800) 541-9376 for a free consultation.  


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