Wrongful death is the most devastating result possible from someone else’s negligence. Cutting a life short due to a preventable error is unimaginable. Sadly, it is a tragic reality for families in Philadelphia and around the world. If medical malpractice resulted in the death of a loved one, you have rights as a surviving family member. Our Philadelphia wrongful death lawyers at Anapol Weiss wants to first extend our deepest condolences for your loss. Then, we want to offer our legal services to help you fight for justice after the wrongful death of someone you love.
Damages available in a wrongful death claim include funeral and burial costs, hospital and medical bills, estate administration expenses, lost wages and benefits, loss of household services, loss of consortium, and pain and suffering. Loss of consortium may include the decedent’s love and care as a spouse and/or parent, as well as the person’s lost society, provisions, comforts, guidance, and support. Working with our Philadelphia medical malpractice wrongful death attorneys can give you peace of mind during this terrible time in your life. Contact us today for a free consultation.
Your Wrongful Death Lawsuit
Finding out that your loved one has died in a hospital can come with an onslaught of various feelings – denial, anger, sadness, and for some, confusion. Your loved one may have been doing well in recovery or had a positive prognosis. The surgeon may have assured you that it was a simple procedure, with little room for complications. Now the worst has happened, and you have endless questions. At the top of your list should be one main concern – why did it happen?
Patients trust their health care providers to treat them with the utmost care and compassion. There are specific standards doctors, nurses, and surgeons must obey to ensure the safety and health of patients. Patients never expect those in charge of their health to act or behave in a way that could foreseeably cause them harm. Yet unfortunately, it happens every day. Medical malpractice is responsible for hundreds of serious injuries and wrongful deaths every year. If your loved one has fallen victim to one of the following, he/she may have died wrongfully:
- Anesthesia errors
- Birth injuries
- Delayed diagnosis
- Failure to diagnosis
- Medication mistakes
- Surgical errors
Contact a Med Mal Wrongful Death Lawyer at Anapol Weiss in Philadelphia
These are common types of medical malpractice that can wrongfully end the life of someone who would have otherwise survived. If you have a bad feeling about the death of your loved one or you have some evidence of a caretaker or doctor’s negligence, don’t hesitate to contact an attorney at Anapol Weiss. We can help you speak out against malpractice on behalf of those who cannot.
Wrongful Death Laws in Pennsylvania
Every state follows its own medical malpractice wrongful death laws and statutes. These laws restrict who can file, time limits for filing, and damages possible. The Pennsylvania courts allow only certain parties to bring wrongful death claims against doctors, hospitals, nurses, and others for medical malpractice. The personal representative of the decedent’s estate must file the medical malpractice wrongful death claim on behalf of the beneficiaries. If the estate has no representative, the courts can assign one.
The representative has just six months from the date of the person’s death to file a claim. Failure to do so in this time frame means the representative relinquishes this right. At this time, any beneficiary has two years from the date of the death to file a claim on behalf of all beneficiaries. To make a survival claim (one a survivor makes on behalf of the deceased, as though the decedent brought his/her own lawsuit), the plaintiff has two years from the date of the injury – not the death – to file.