In Pennsylvania medical malpractice cases, family members who’ve lost a loved one may be able to file a wrongful death action and a survival action. These two actions differ in three main ways:
- who the action belongs to,
- what damages are recoverable, and
- the time deadline (statute of limitations) to file a lawsuit.
Wrongful Death Action
Survival Action
Who does the lawsuit belong to?Surviving spouses, children, dependent parentsThe deceased patient (at death, the action transfers to the estate)What damages are recoverable?Damages caused by the loss of the loved one (funeral expenses, medical bills, loss of services, etc.)Pain and suffering, any and all financial losses from the injuryWhat is the time deadline to file?2 years from date of death2 years from date of injury (except in cases where the patient died)
Medical Malpractice Wrongful Death Case Study: Our law firm obtained a $7 million verdict in a medical malpractice case against a Pennsylvania hospital for the death of a 50 year old woman. Emergency room doctors failed to diagnose pulmonary embolism, and as a result, the patient died.
Pennsylvania Medical Malpractice Lawyers
Our team handles complex medical malpractice lawsuits including wrongful death and survival cases across Pennsylvania. We’re rated by U.S. News & World Report in the area of medical malpractice law and offer a FREE consultation. (610) 825-0500