Damages in Medical Malpractice Wrongful Death Cases

Losing a family member unexpectedly is perhaps the most shattering experience that a person can go through. The grief is made worse when the death is a result of an error or wrongdoing. If your family member died because of a health care provider’s negligence, we will be there for your family. At Arfaa Law Group, we have significant experience pursuing damages in medical malpractice wrongful death cases. While your loved one can never be brought back, our Baltimore medical malpractice lawyers can hold the at-fault medical professional accountable for their actions. Time is limited in these matters, so you should contact us as soon as possible so that we can start gathering evidence for your claim.

According to a study by Johns Hopkins University, medical mistakes are the third-most frequent cause of fatalities in the country, following heart disease and cancer. In fact, more than a quarter of a million individuals across the U.S. die each year from medical mistakes. Other reports even claim the number to be as high as 440,000. Interestingly, statistics show that a vast number of medical errors are actually committed by a relatively small number of physicians and medical institutions.

A wrongful death claim is a statutory cause of action governed by specific rules under Maryland law. First and foremost, it cannot be stressed enough that time is of the essence in these cases. Specifically, a wrongful death lawsuit must be commenced within three years of the death of the victim.

A wrongful death case can arise when a patient dies due to medical malpractice. Medical malpractice occurs when a medical professional fails to perform duties in accordance with the accepted standard of care, thus causing the death of a patient. The standard of care refers to the degree of care that another medical professional in the same specialty would have used in a comparable situation.

In Maryland, most of these lawsuits have two components: a wrongful death action and a survival action. In a wrongful death claim, the damages are measured in terms of the harm and losses to surviving family members that ensued from the unanticipated death. A survival action, on the other hand, gives the estate of the victim another independent claim and is filed on behalf of the estate. As a result, damages in a survival action are measured from the perspective of the decedent.

Once liability is established, the plaintiff and their attorney may be able to recover a variety of damages. The plaintiff can generally recover the usual damages that are available in a medical malpractice claim, such as medical costs incurred prior to the decedent’s death, lost earnings, lost employment benefits, and compensation for the decedent’s pain and suffering. Additionally, a plaintiff will be entitled to claim funeral and burial costs, loss of support, loss of consortium, loss of parental guidance, and any other losses related to the death.

As mentioned earlier, in addition to these damages, there are also damages that survivors may recover in survival actions. A survival action is brought by the personal representative of the victim’s estate on behalf of the estate for the recovery of both economic and non-economic damages for the suffering that the decedent may have endured prior to their death.

While there is no limit on economic damages in medical malpractice wrongful death cases, there is a limit on non-economic damages. In 2019, the combined limit for non-economic damages in wrongful death and survival actions with two or more beneficiaries was $1,018,750. The cap increases each year by $18,750.

If you have lost a loved one due to medical malpractice, you may be entitled to compensation for your harm. While no amount of money can bring back your loved one, the money can help pay bills that pile up after an unexpected death. At Arfaa Law Group, our Baltimore attorneys can answer your questions and use our resources and knowledge to make a difference in your claim. To schedule a free consultation regarding your case, call us today at 410-889-1850 or contact us online. We assist families throughout the state of Maryland.