How to Prove Medical Malpractice in Wrongful Death Cases | Scartelli Olszewski, P.C.
Medical Malpractice in Wrongful Death Cases

How to Prove Medical Malpractice in Wrongful Death Cases

Scartelli Olszewski P.C.
Scartelli Olszewski P.C.

Has one of your loved ones been a victim of medical malpractice that ultimately led to death?

Below, a Scranton medical malpractice attorney explains what you need to do to prove malpractice in a wrongful death case.

Proving Negligence for a Wrongful Death Claim

In order to prove a claim of medical malpractice, the following factors must be established: 

  1. A medical professional  was in charge of your loved one’s care;
  2. The medical professional owed a duty of care to the deceased;
  3. The medical professional breached the standard of care; 
  4. The breach in the standard of care was the cause of your loved one’s death;

Damages Available for a Wrongful Death

If your Scranton medical malpractice attorney is successful in pursuing your wrongful death claim, you may be able to recover damages such as:

  • Decedent’s lost wages
  • Decedent’s medical bills
  • Decedent’s pain and suffering
  • Decedent’s funeral and burial costs
  • Estate administration expenses
  • Decedent’s beneficiaries may recover past, present, and future loss of value of the decedent’s services
  • Decedent’s beneficiaries may recover emotional and psychological loss suffered upon death of decedent
  • Decedent’s beneficiaries may recover past, present, and future loss of guidance, tutelage and moral upbringing, comfort, emotional support, and society.
  •  Where the conduct is reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.

Who Can File a Wrongful Death Lawsuit?

In Pennsylvania, if the decedent dies with a will his/her executor can file a wrongful death lawsuit on behalf of the decedent. If the decedent dies without a will,  an administrator of the decedent’s estate can be appointed who can then file a wrongful death lawsuit on behalf of the decedent. 

How Long Do You Have to File?

In Pennsylvania, the statute of limitations determines the deadline by which a lawsuit must be filed with the court.  In a Wrongful Death Action, there is a two-year statute of limitations from the date of death to file a valid claim. However, there can be exceptions to this statute of limitations.  Failure to file a Wrongful Death claim by the statute of limitations will forever bar you from recovering money damages for a Wrongful Death Claim.  

What to Do After a Wrongful Death

If you believe that your loved one has been a victim of a wrongful death due to the conduct of a medical professional, please call an experienced Scranton medical malpractice attorney.

Medical malpractice is difficult to prove on your own. On the other hand, medical professionals and medical corporations have teams of lawyers who will fight aggressively to defeat your claim. You’ll need a tough lawyer who’s prepared to fight back.

Compassionate Representation for Wrongful Death Claims in Scranton

If your loved one has been a victim of medical malpractice that has resulted in death,  Scartelli Olszewski, P.C. will help you seek justice. For a free consultation with a Scranton medical malpractice attorney, call (570) 346-2600.