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Losing a loved one while they were under a doctor’s care can be extremely upsetting. If their death resulted from a medical provider’s preventable error, your family may be entitled to compensation through a wrongful death claim. However, New York law may limit the family’s involvement in the claims process itself.
Who Has the Right to File a Wrongful Death Claim in New York?
Under New York law, surviving family members may not file a wrongful death claim in their own names. Instead, the personal representative of their loved one’s estate must bring the claim on behalf of the survivors. The personal representative may either be named in the decedent’s will or, if the decedent died without a will, appointed by the court.
Although spouses, children, parents, and other relatives may ultimately benefit from a successful claim, their right to receive compensation doesn’t necessarily give them the authority to file the lawsuit unless they were named or appointed to serve as the personal representative of the estate.
What Compensation May Be Available Through a New York Wrongful Death Claim?
Your family may be entitled by New York law to recover compensation for certain financial and personal losses caused by your loved one’s death, including:
- Medical expenses related to your loved one’s final injury or illness
- Your loved one’s funeral and burial costs
- Lost wages and other financial support your loved one would have provided
- The value of your loved one’s parental care, guidance, or household services
- Your loved one’s conscious pain and suffering before their death
What Do You Have to Prove in a Wrongful Death Claim?
A successful wrongful death claim based on medical malpractice must prove that a negligent provider’s actions caused your loved one’s death. Depending on the circumstances and the unique facts of the case, the personal representative must prove that:
- The medical provider owed your loved one a duty of care
- The provider failed to meet the applicable standard of care
- That failure caused or contributed to your loved one’s death
- The death resulted in financial losses for eligible surviving family members
The personal representative may work with an experienced New York medical malpractice attorney to gather evidence supporting the claim, including your loved one’s medical records and testimony from qualified medical professionals, as well as from the surviving family members.
Who Benefits from a Successful Wrongful Death Claim?
While surviving family members can’t file a wrongful death claim unless they were named or appointed the personal representative, they may stand to benefit from any financial award recovered through a successful claim. Depending on the circumstances and the family structure, beneficiaries of a New York wrongful death claim may include:
- A surviving spouse
- Children of the deceased
- Parents of the deceased
- Other qualifying beneficiaries under New York law
State law also governs how much each beneficiary may receive based on their relationship to the decedent.
What Your Family Can Do After Losing a Loved One to Malpractice
If you believe your loved one’s death was caused by medical malpractice, your family deserves the time and space you need to focus on grieving. An experienced New York malpractice attorney can help by working with the personal representative and managing the details of the wrongful death claim. You can support their efforts by gathering information that can help show what happened, including medical records, bills, correspondence, and documents related to your loved one’s death. Because New York law gives you limited time to file a claim, consider speaking with an attorney as soon as possible to preserve your family’s right to seek accountability and financial recovery.
Contact a Medical Malpractice Attorney Today to Discuss Your Rights and Options
If your family lost someone you loved because a doctor or other medical professional made a preventable mistake, contact a New York medical malpractice attorney right away to review your legal rights and options and get the support your family needs during this difficult time.