Wrongful Death
When a patient’s death is attributable to medical negligence, you may be able to sue for wrongful death. You must be able to prove that a medical provider’s negligence caused the patient’s death. The damages recovered in a wrongful death case differ from other malpractice claims, as the decedent’s heirs are the potential plaintiffs.
If the decedent was married, then the spouse and children would be the potential plaintiffs. If the case involves the death of a child, then the parents become the plaintiffs. Even though determination of the correct plaintiffs may be complicated, all wrongful death heirs must be named in a wrongful death action.
Wrongful Death Can Be Caused By:
- Delayed diagnosis
- Incorrect diagnosis
- Untimely diagnosis
- Medication and dosage errors
What damages are recoverable in a California Wrongful Death Claim?
The decedent’s pain and suffering occurring prior to death is recoverable by the plaintiffs as a survivorship claim under California law. In addition, the heirs can file a separate claim for the wrongful death. California law limits the maximum potential amount that the jury can award all the plaintiffs combined for general, or non-economic, damages to $500,000. Under California law, that limit on non-economic damages increases by $50,000 each year until 2033 when the maximum recoverable amount reaches $1 million. Economic damages, however, are not capped in California.
