“Wrongful death” is a legal term that refers to a situation where someone’s death is caused by the negligence, reckless behavior or intentional actions of another person or entity. In the case where a doctor intentionally causes the death of a patient, either through action or by withholding treatment, it is called “medical homicide.” This is a criminal offense and is punishable by law in New Jersey.
If a patient dies as a result of medical error or negligence, it is known as “medical malpractice“. Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, deviates from the accepted standard of care and causes harm or death to a patient. While medical malpractice is not a criminal offense, it is a civil wrong for which the healthcare provider can be sued for damages.
Euthanasia, which is the act of intentionally ending a person’s life in order to relieve suffering, is legal in some countries and states, but it is still a controversial topic. Euthanasia can be performed by a doctor, but it must be done with the patient’s consent and must meet certain legal criteria.
The purpose of a wrongful death lawsuit is to hold the responsible party accountable for their actions and to provide financial support to the surviving family members. This can include compensation for lost wages and benefits, medical expenses, funeral and burial costs and other damages.
Proving That the Doctor Was Responsible
In order to succeed in a wrongful death lawsuit, the surviving family members or beneficiaries must be able to prove that the defendant’s actions or omissions were the cause of the deceased person’s death and that they were responsible for the damages suffered by the plaintiffs.
Wrongful death lawsuits can be complex and emotionally difficult for the surviving family members. However, paying attention to the details of the victim’s medical treatment and gathering all relevant records and witness accounts can help the family determine whether wrongful death was the reason they lost their loved one.
To schedule your free consultation to learn how our attorneys may be able to assist you, please send us a message or call our office in New York at 212-256-9255 or in New Jersey at 201-292-0341. Glugeth & Pierguidi, P.C., is here for you 24/7.