Can I File a Medical Malpractice Claim on Behalf of a Deceased Family Member?
Yes, you can file a wrongful death or survival action on behalf of a deceased family member if medical malpractice was the cause of their passing.
If you’re considering filing a medical malpractice case for a deceased family member, there are two options available under Pennsylvania law. It’s possible to file a wrongful death lawsuit if medical negligence led to someone’s death. However, only certain individuals can pursue this route since the decedent is unable to file their own malpractice lawsuit.
Survivor benefits may also be available through a survival action claim. Like a wrongful death claim, this legal path is only available to select individuals. Learn more about each option below.
Filing a Wrongful Death Claim in Pennsylvania
When someone passes due to medical negligence, a personal representative can file a wrongful death claim. This individual, appointed by the court, is usually also tasked with managing the decedent’s estate as an executor or administrator of their will.
By filing a lawsuit, they’ll aim to hold the negligent healthcare provider accountable for their actions. Wrongful death cases advocate for compensatory damages for the victim’s surviving spouse, children, or parents. Plaintiffs could pursue compensation for the following:
- Funeral expenses
- Prior medical treatment
- The family’s pain and suffering
- Loss of financial support within a household
- Loss of companionship
Understanding Survival Action
Instead of opening a medical malpractice case for a deceased family member, you could pursue a survival action. A personal representative, such as the executor of the deceased’s will, is also in charge of filing this estate claim.
A survival action claim is similar to a standard personal injury claim. If the victim were alive, they could sue the at-fault party for their medical expenses, lost wages, and pain and suffering. Since they’re deceased, their estate can pursue these damages via a survival action.
For example, imagine a doctor makes a critical error during surgery, and your loved one faces weeks of painful complications before succumbing to their injuries. A survival action claim could compensate the victim’s estate after they endure this medical malpractice incident. The funds would then be distributed to beneficiaries or intestate heirs, depending on whether a will exists.
Do you wish to explore a medical malpractice case for a deceased family member? Ostroff Godshall Injury and Accident Lawyers may be able to help. Our firm has nine convenient locations in Pennsylvania and has years of experience handling medical malpractice and wrongful death lawsuits.
We approach these cases with sensitivity and compassion. Call (484) 351-0350 today to schedule a free consultation.
