Wrongful Death Medical Malpractice Lawyer in Massachusetts

Wrongful Death Medical Malpractice in Massachusetts

When medical negligence causes a patient’s death, Massachusetts law provides a legal remedy for the surviving family members through a wrongful death claim. The claim is brought by the personal representative of the deceased patient’s estate on behalf of the family. It encompasses the damages suffered by the family as a result of losing their loved one, as well as the damages suffered by the patient between the time of the malpractice and the time of death. Attorney Jeffrey C. Lavey represents families whose loved ones died from medical malpractice throughout Massachusetts with the compassion and skill these devastating cases require.

Damages Available in Wrongful Death Malpractice

• Conscious pain and suffering experienced by the patient between the malpractice and death
• All medical expenses incurred following the negligent act and before death
• Funeral and burial expenses
• Lost wages and earning capacity the deceased would have provided to their dependents
• Loss of consortium: the loss of the deceased’s love, companionship, guidance, and support
• The economic value of services the deceased provided to the household
• In cases involving willful or reckless conduct, punitive damages may be available

Proving Medical Malpractice Caused the Death

Wrongful death medical malpractice cases require all the same elements as any other malpractice claim: expert testimony establishing the applicable standard of care, the departure from that standard, and causation, that the departure caused or contributed to the patient’s death. The causation element in wrongful death cases involves expert testimony about whether the patient’s death would have been prevented or significantly delayed if appropriate care had been provided. Attorney Lavey coordinates the expert review necessary to establish every element of the wrongful death malpractice claim.

Common Medical Negligence Causing Wrongful Death

Medical negligence that results in a patient’s death encompasses a wide range of failures: missed diagnoses of heart attack, stroke, and cancer that allowed fatal progression; surgical errors that caused fatal hemorrhage or organ injury; medication overdoses; anesthesia errors during surgery; hospital-acquired infections from inadequate infection control; and failure to recognize and treat sepsis promptly. Each of these categories represents an area where appropriate medical care would have prevented or significantly delayed death. Attorney Lavey investigates the specific medical events in every wrongful death malpractice case.

Who May Bring a Wrongful Death Malpractice Claim

Massachusetts wrongful death claims are brought by the personal representative of the deceased’s estate. If there is no existing will appointing a personal representative, a family member may petition to be appointed. The damages recovered are distributed to the beneficiaries of the estate as defined by Massachusetts law, with priority given to the surviving spouse and children. Attorney Lavey assists families with the procedural aspects of establishing the personal representative and coordinates the wrongful death malpractice claim with the estate proceedings.

Frequently Asked Questions