Two of the most common civil legal actions are for medical malpractice and wrongful death. Although many people believe these are similar cases, they are not the same type of suit. If you have suffered a loss and want help understanding which avenue you should pursue, below is an introduction to the differences between the two.

What Are the Differences Between Wrongful Death & Medical Malpractice Cases?

Wrongful Death

Wrongful death cases arise when a person dies due to the negligence, carelessness, recklessness, or wrongful act of another person. It is a civil action, not a criminal action, which means the penalties are paid in monetary damages to the successful plaintiff rather than jail time or fines paid to the state.

It is a broad category of legal wrongdoing that can arise for many reasons, e.g. due to an auto accident, medical malpractice, tainted food sold in a restaurant, a faulty product, and countless other situations. Compensation often includes the cost of hospital and funeral bills, reimbursement for loss of income, and recompense for pain and suffering the defendant caused the family due to the loss of a loved one.

Medical Malpractice

As noted above, medical malpractice can lead to a wrongful death case, but you can still sue for malpractice even if nobody perished. However, the person sued must be a medical professional, such as a doctor, nurse, anesthetist, surgeon, midwife, or pharmacist, and their negligence or bad behavior must have caused harm to their patient.

Examples include misdiagnosis, nursing home abuse, surgical errors, medication errors, or simply a failure to deliver a good standard of care. Damages include the cost of subsequent medical bills and reimbursement for lost income.

Note that in either type of case, the judge or jury may impose punitive damages in addition to compensatory damages to punish the defendant for their behavior.

If you are considering a lawsuit involving medical malpractice or wrongful death and need an experienced attorney, contact Love-Sloan Law in Rock Hill, SC. They have served clients in and around York County for more than 20 years. They also specialize in personal injury and workers' compensation claims as well as car and truck accidents. Learn more about the firm at their website or call (803) 326-0000 to arrange a consultation.