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Harris powers* & cunningham
Catastrophic Injury And Wrongful Death Attorneys
Phoenix Injury Attorneys
Harris powers* & cunningham
Catastrophic Injury And Wrongful Death Attorneys
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Can I file a wrongful death lawsuit due to medical malpractice?

When you lose a loved one suddenly and unexpectedly because of wrongful conduct or negligence, Arizona law allows that person’s surviving spouse, children, parents or estate to file a lawsuit for wrongful death due to medical negligence.

While the claim cannot bring a loved one back, it can help families get both closure and justice by holding the responsible party accountable.

Let’s take a brief look at this type of claim.

Wrongful death

Wrongful death lawsuits are typically associated with deaths due to negligence or an intentional act in events such as a motor vehicle crash, workplace accident, homicide or a police-involved killing. However, when medical malpractice results in the death of the patient, it can lead to a wrongful death claim as well.

In very simple terms, if a health care provider is negligent and harms the patient, that is the basis for a medical malpractice lawsuit. If the health care provider is negligent and as a result the patient dies, that is the basis for a wrongful death claim.

Medical malpractice

Medical malpractice is conduct by a physician, nurse or other health care professional that is below the accepted standard of professional care that results in injury to the patient.

Examples of medical malpractice include the following:

  • Misdiagnosis, delayed diagnosis or failure to diagnose a disease or condition
  • Medication errors (too much or too little of a medication, or administered the wrong medication)
  • Surgical errors (wrong-site surgery, damaging healthy organs, anesthesia errors during surgery, etc.)
  • Medical errors during pregnancy or childbirth resulting in injuries to the infant or mother
  • Hospital-related injuries by a doctor, nurse or hospital staff member

Types of damages

It should be noted that in wrongful death cases due to medical malpractice, economic and noneconomic damages can be awarded.

Economic damages are for measurable losses that can include the following:

  • Medical expenses
  • Loss of future earnings
  • Loss of financial support
  • Funeral expenses

Noneconomic damages are compensation for injuries such as:

  • Loss of companionship, guidance and emotional support

Of course, the legal challenges presented by a wrongful death claim arising from medical malpractice lawsuit are determined by the circumstances of each individual case that should be discussed in a confidential consultation with an experienced attorney.

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"Ethical & Professional"
Thank you for your patience and understanding. I was impressed when we first met you, as I still am today, with how ethical and professional you are. I know we were very fortunate to have you representing us. I also want to thank your staff for all they have done. Please pass on our appreciation to anyone that had anything to do with our case. – LA
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I want to thank you for all your efforts on our behalf in settling our legal claim concerning my dad’s death. We’re grateful that we finally prevailed and are relieved to put it behind us now. But as gratifying as that has been, what remains with me the most is my deep gratitude for your compassionate..” – GG
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It has been very hard for me to go through such a difficult time without my parents here. My dad would be so pleased and supportive of the incredible work you are doing for me. I know he is smiling and my mom is grateful. Thank you. – MK
"Ethical & Professional"
Thank you for your patience and understanding. I was impressed when we first met you, as I still am today, with how ethical and professional you are. I know we were very fortunate to have you representing us. I also want to thank your staff for all they have done. Please pass on our appreciation to anyone that had anything to do with our case. – LA
"Best Attorney Ever!"
I want to thank you for all your efforts on our behalf in settling our legal claim concerning my dad’s death. We’re grateful that we finally prevailed and are relieved to put it behind us now. But as gratifying as that has been, what remains with me the most is my deep gratitude for your compassionate..” – GG