Who can file for a wrongful death claim?

When a wrongful death occurs, it is devastating. These unforeseen situations bring about an emotional time. After experiencing negligence that caused a wrongful death, the family of the deceased individual may want to seek a lawsuit against the responsible party. When a wrongful death occurs at the hands of medical malpractice it can be devastating. Individuals have the opportunity to seek liability and deem it the responsibility of the negligent healthcare professional.

Wrongful death claims must be filed by a certain member of the family. This family member can vary depending on the state laws. In Pennsylvania, only the personal representative of the deceased individual’s estate is permitted to file a wrongful death claim on behalf of all the beneficiaries. There are exceptions though. If the individual fails to file the wrongful death lawsuit within six months of the deceased’s date of death, then any beneficiary has the ability to file the claim. These claims must be filed within two years of date of death.

What can cause a wrongful death to occur?

In times of medical uncertainty, individuals seek the help of doctors. Whether they are being treated for something minor or it is something more serious, individuals put their trust in healthcare professionals. We understand how intelligent they are in their field and we need their help to be healthy. Unfortunately, even though these are highly educated doctors, they can still act negligently. Their negligence is a form of medical malpractice. If a medical professional acts negligently and it results in a wrongful death, they can be held responsible for this situation.

Some wrongful death claims have been filed due to failure to diagnose, surgical errors, medication errors, faulty medical devices or poor post-operative care. Although doctors can make mistakes, it is their negligence when providing care that is known as medical malpractice. By displaying negligence, they are not fulfilling the standard of care that is expected from them. Their standard of care can be measured by their peers, the institutions they are accredited with and the hospitals or medical establishments that they are associated with.

If you have faced a situation where a loved one has suffered and died due to medical malpractice, you may be eligible to file a wrongful death claim. Contact our attorneys for guidance on how to proceed. We understand the pain of losing a loved one and want to make the process easier for you.

Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.

News & Resources
Can I put my house in a trust in Pennsylvania?

If planning your estate, understanding whether or not you can put a house in a trust is critical. This blog explores what…

Read more
Are medical bills paid from personal injury settlements in PA?

Car accidents and medical bills often go hand in hand. As such, understanding who bears the financial burden is vital. Read on…

Read more
Friedman Schuman - Personal Injury, Medical Malpractice, Real Estate, Corporate & Business Law, Financial Services, Wills, Trusts & Estates
Contact Friedman Schuman!