Damages in Medical Malpractice – Wrongful Death Cases

People throughout upstate New York rely on doctors, nurses, and other providers to provide the medical services necessary to protect their health. Unfortunately, though, it is not uncommon for medical professionals to fall short of expectations, rendering care that harms, rather than helps, their patients. While some people recover from the harm caused by medical malpractice, others tragically do not and ultimately lose their lives due to their treatment providers’ careless mistakes. If you lost a loved one due to medical negligence, it is advisable to talk to an attorney about your rights with regard to damages in medical malpractice wrongful death cases. The assertive Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers commit their practice to help victims of medical malpractice and their families seek the outcomes they deserve, and if you hire us, we will fight tirelessly on your behalf. We regularly help people pursue damages in medical malpractice wrongful death cases in Syracuse, Rochester, and throughout Upstate New York.

In New York, damages in medical malpractice cases involving wrongful death are designed to compensate the decedent's estate and surviving family members for the financial and emotional losses resulting from the untimely death caused by a healthcare provider's negligence.

Under New York law, a wrongful death claim can be filed by the personal representative of the deceased's estate, typically a close family member, such as a spouse, parent, or child. The claim must establish that the healthcare provider breached the standard of care owed to the patient, directly causing the patient's death. This breach could involve misdiagnosis, surgical errors, failure to treat, or any other form of medical negligence.

Damages in wrongful death cases under New York law are intended to compensate for both economic and non-economic losses. Economic damages may include funeral and burial expenses, medical expenses incurred prior to death, and the loss of financial support that the decedent would have provided to the family. This includes both the decedent's expected future earnings and the value of services they would have contributed, such as childcare or household management. New York law also permits recovery for the loss of inheritance, which represents the amount the decedent would have accumulated and left to their beneficiaries had they lived a full life.

Non-economic damages in New York are more restricted than in some other jurisdictions. The law allows for compensation for the conscious pain and suffering the decedent experienced before death, which requires evidence that the decedent was aware of their impending death and suffered as a result. However, New York does not permit recovery for the grief, sorrow, or loss of companionship suffered by the surviving family members, which limits the scope of non-economic damages.

In cases where the healthcare provider’s actions are found to be particularly reckless or egregious, punitive damages may also be awarded, although this is rare in New York. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future, but they are only available when the defendant’s conduct was willfully harmful or grossly negligent.

In establishing liability for wrongful death in a medical malpractice case, the plaintiff must prove that the healthcare provider's actions deviated from the accepted standard of care, that this deviation was a direct cause of the patient's death, and that the death resulted in quantifiable damages. Expert testimony is typically required to establish the standard of care and demonstrate how the provider's actions failed to meet it. Additionally, the plaintiff must prove causation, showing that the breach of duty was not only a factor but the primary cause of death. This often involves complex medical evidence and expert analysis.

If you lost a loved one because of a healthcare provider’s recklessness, it is advisable to speak to an attorney regarding damages in medical malpractice wrongful death cases, and your potential claims. The seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are well-informed as to what it takes to prevail in claims against negligent medical professionals, and if we represent you, we will help you pursue any damages you may be owed. We frequently represent families in the pursuit of damages in medical malpractice wrongful death cases in Syracuse and in Rochester, and throughout Upstate New York. To arrange a confidential and free meeting, you can reach us through our online form or by calling us at 833-200-2000.