Losing a loved one is heartbreaking, especially when their death could have been prevented. Families often ask: What’s the difference between wrongful death and medical malpractice? The two terms are connected but not identical. In this guide, we’ll break down wrongful death vs medical malpractice so you know what steps to take if you’re considering legal action.
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What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider—like a doctor, nurse, or hospital—fails to meet the accepted standard of care and causes harm. Examples include:
- Misdiagnosis or failure to diagnose
- Surgical mistakes, like operating on the wrong body part
- Medication or anesthesia errors
- Poor follow-up care or premature discharge
- Mistakes during pregnancy or childbirth
What Is Wrongful Death?
A wrongful death negligence case is different. It’s a civil lawsuit filed when someone dies due to another person’s carelessness or intentional act. It’s not limited to doctors and hospitals.
Wrongful death negligence claims can stem from:
- Car accidents
- Workplace injuries
- Defective products
- Nursing home abuse
- Medical negligence
Illinois Laws That May Apply
In Illinois, two laws often apply in these cases:
- Wrongful Death Act: Allows close family members to file a civil lawsuit for compensation when a loved one dies due to the wrongful act or omission of another party, such as negligence or intentional wrongdoing.
- Survival Act: Allows a deceased person’s estate to bring a lawsuit to recover damages that the person would have been entitled to if they had survived the injury.
Wrongful Death vs Medical Malpractice
When comparing medical malpractice vs wrongful death, here’s how they differ:
What Is the Difference Between Malpractice and Negligence?
- Wrongful death negligence: A broad concept meaning carelessness that causes death.
- Medical malpractice: A specific type of negligence by a medical professional that deviates from the accepted standard of care, resulting in patient injury.
Who Brings the Claim
- Medical malpractice: Filed by the injured patient while they’re alive.
- Wrongful death: Always filed by surviving family members or a personal representative on behalf of the estate, since the victim cannot bring the claim themselves.
Focus of the Claim
- Medical malpractice: About the harm caused to the patient, such as medical bills, lost wages, and pain and suffering.
- Wrongful death: About the losses experienced by surviving family members, like funeral expenses, loss of financial support, and emotional impact.
Statute of Limitations
- Medical malpractice: In Illinois, the statute of limitations is generally, with some exceptions, two years from when the injury was discovered or reasonably should have been discovered.
- Wrongful death: Two years from the date of death.
Damages
- Medical malpractice: Money awarded to cover medical bills, lost income, and the pain and suffering caused by a healthcare provider’s mistake. Compensation goes to the victim.
- Wrongful death: Damages tied to survivors’ losses like funeral expenses, loss of financial support, and loss of companionship. Compensation is distributed among family members or heirs.
Can I File Both?
Yes. If medical malpractice directly caused your loved one’s death, you may have grounds for both a malpractice claim and a wrongful death lawsuit. Filing both can help recover damages for the patient’s suffering before death as well as the financial and emotional losses of surviving family members.
An experienced medical malpractice wrongful death attorney can review your situation and guide you on the best approach.
Wrongful Death Medical Negligence Examples
Here are common scenarios where malpractice leads to a wrongful death lawsuit:
- A delayed cancer diagnosis leading to death by medical negligence
- A surgical mistake causing fatal complications
- An anesthesia overdose resulting in wrongful death medical negligence caused
- Nursing home neglect that leads to preventable death
Each of these examples could be grounds for wrongful death due to medical negligence.
Why Legal Help Matters
These cases are not simple. Hospitals, doctors, and insurance companies have teams of lawyers protecting their interests from the very beginning. That’s why having a trusted wrongful death medical malpractice attorney on your side makes all the difference.
The right lawyer will:
- Investigate thoroughly: Reviewing medical records, consulting experts, and uncovering what really happened.
- Protect your rights: Make sure your case is filed correctly and on time, so no technical mistake keeps you from being heard.
- Stand up to powerful defendants: Hospitals and insurers fight hard to minimize payouts, but your attorney fights harder for the truth.
- Seek maximum compensation: Not just for bills and expenses, but for the lasting financial and emotional impact on your family.
When you’re facing the heartbreak of wrongful death due to medical negligence, you shouldn’t have to take on this battle alone.
Find Legal Support at IllinoisLawyers.com
At IllinoisLawyers.com, we know that dealing with wrongful death medical malpractice settlements is difficult for families. However, you don’t need to navigate this alone.
Here’s how Illinois Lawyers can help you:
- Free, Honest Advice: We’ll explain your options the same way we would if you were family.
- Trusted Referrals: We connect you with an experienced medical malpractice wrongful death attorney who has a proven track record in Illinois courts.
- Focus on Your Case: We don’t take money from the lawyers we recommend, so our only priority is finding you the right fit.
- Fast Answers: Wrongful death and malpractice claims are time-sensitive. We make sure you get help before important deadlines pass.
Contact IllinoisLawyers.com Today
If you’re struggling with questions about wrongful death and medical malpractice, you don’t have to figure it out alone. Reach out to Illinois Lawyers for free legal advice and a referral to an experienced attorney today. The sooner you act, the sooner you’ll have answers—and the justice your loved one deserves.
