There is nothing more devastating than unexpectedly losing a loved one. If you have recently lost a loved one due to medical malpractice, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our dedicated Rochester medical malpractice attorneys are committed to helping loved ones hold negligent medical professionals accountable for the harm that they cause. With years of experience, we can examine the facts of your case and devise a legal strategy accordingly.
Unfortunately, medical mistakes result in a staggering number of injuries and deaths every year across the United States. In fact, approximately 220,000 to 440,000 preventable deaths every year are caused by medical malpractice. In fact, medical malpractice is the third-leading cause of death in the country, according to one study. Medical malpractice can happen in a variety of ways, including but not limited to diagnostic errors, medication errors, birth injuries, emergency room malpractice, hospital malpractice, surgical errors, anesthesia errors, and more.
Medical professionals are expected to provide a high standard of care to each and every patient. When a patient dies due to a hospital or physician error, the family of the deceased person has the right to file a wrongful death lawsuit against the at-fault party. A wrongful death occurs when a person dies as a result of someone else’s negligence. A wrongful death claim may be appropriate in situations in which the deceased person could have pursued a claim in court had that person been alive. There are strict rules regarding who can file a wrongful death lawsuit. Under New York statutes, a wrongful death claim can be brought by:
- A child of the decedent;
- A parent of the decedent;
- A spouse of the decent; and
- The personal representative for the estate of the decedent.
When there is no spouse, parent, or child surviving the deceased person, it may be possible for another blood relative, such as a sibling, to file a wrongful death claim. However, generally, the individual must have been named as the personal or court-appointed representative of the deceased person in order to do so. These cases are complex, and having an experienced attorney to assist you can make a vital difference in your case.
Just like every other type of claim, wrongful death claims must be filed within a certain time frame, known as the statute of limitations. In New York, a malpractice claim must be filed within two years from the date of the victim’s death. If a claim is not filed within this time frame, the family members, in the vast majority of cases, lose the right to file a case.
The death of a loved one caused by medical malpractice can be met with a legal response. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester wrongful death attorneys are committed to seeking the compensation you deserve for your loss. While no amount of money can ever bring back your loved one, the compensation can help pay for the bills that often pile up after such an unexpected loss. For a free consultation regarding your case, call us today at 315-479-9000 or contact us online.
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