Submitted by Hento9 on Thu, 07/09/2009 - 09:44
Is there a difference between a medical malpractice case and a wrongful death case in MA? I'm guessing you file a wrongful death case when the patient actually dies, but is that the only difference?
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Editor's Response
A wrongful death case can result from any type of negligence, not just medical negligence. If a person dies as a result of medical malpractice, a wrongful death action may be brought on behalf of his immediate family, such as the surviving spouse, children, and parents. If the children are minors, the court will usually require that they be assisted by a guardian in their effort to recover damages.
However, there is a major difference between this type of case and other medical malpractice cases: Wrongful death claims are governed by Massachusetts General Laws Chapter 229, Section 2 and can only be brought by the legal representative of the deceased person's estate (administrator or executor) on behalf of his heirs. In such cases, the heirs may seek damages for the loss of future income, loss of support, and even for loss of love and companionship caused by the wrongful death. This is a fairly technical area of personal injury law, and I encourage you to talk to an attorney if you think you or someone in your family may have a claim.