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Wrongful Death

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Wrongful Death

Postby Fagin » Thu Dec 11, 2014 10:34 am

What happens if the person is involved in an accident and is injured and then there is malpractice which leads to the person's death?


Followup To

- Is there a difference between a medical malpractice case and a wrongful death case?
Posts: 40
Joined: Wed Jan 29, 2014 11:07 am

Wrongful Death

Postby trace » Thu Dec 11, 2014 3:01 pm


That is an excellent question and I have to respond with the caveat that I am not providing any legal advice since I do not know where you live.

If a jurisdiction is a comparative law state that does not have joint and several liability for car accidents, most likely the case will be settled or litigated under two different theories.  One claim would be for the underlying accident and damages resulting and one would against the healthcare provider for the death resulting from the malpractice.  The attorney may try and assert joint and several liability and try and incoporate both claims as a wrongful death.

Joint and several liability means that as long as a party is at fault(even as little as 1%) that party is responsible for the total damages and can go against the other wrongdoers to try and collect the money back.  In other words if A and B are sued and C gets a verdict of $1,000,000.  A is held to be 1% responsible while B is held 99% responsible. If C goes to collect against A, then A is obligated to pay all $1,000,000 and can go back to B to try and recoup the 99% he is not responsible for($990,000).  This is in case B does not have enough resources so that the victim who is C can recover completely.

In a comparative law jurisidction without joint and several liability, A would only be responsible for $10,000(1% of $1,000,000) and B would be responsible for $990,000(99% of $1,000,000).

I hope this answers your question completely.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.
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Joined: Thu May 23, 2013 5:37 am

Wrongful Death

Postby Walby » Sun Dec 14, 2014 3:06 pm

- Anthony,

In most jurisdications when an patient dies as a result of medical malpractice, the action would be a medical malpractice wrongful death case.  In some jurisdictions, the case would have to be litigated according to the particular malpractice procedural rules.

There can be wrongful death cases which are not as a result of malpractice such as car addident or product liability cases.  Those cases would not necessarily follow medical malpractice procedural rules.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.
Posts: 50
Joined: Sat Jan 04, 2014 5:51 pm

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