Losing a loved one is devastating, and when their death is the result of medical malpractice, the pain can be even more profound. In California, families who have lost a loved one due to a healthcare provider’s negligence have the right to file a wrongful death lawsuit. This legal action can help hold responsible parties accountable and provide financial compensation for the family’s loss.

However, filing a wrongful death lawsuit for medical malpractice can be a complex and emotionally challenging process. In this blog, we’ll walk you through the steps involved in filing a wrongful death medical malpractice lawsuit in California, as well as what you need to know to protect your rights.

What Is a Wrongful Death Lawsuit for Medical Malpractice?

A wrongful death lawsuit is a civil claim brought by the surviving family members of a person who died due to the negligence, recklessness, or intentional actions of another party. In the context of medical malpractice, a wrongful death lawsuit alleges that a healthcare provider’s failure to meet the standard of care directly caused the patient’s death.

Examples of medical malpractice that may lead to wrongful death include:

  • Surgical errors
  • Misdiagnosis or delayed diagnosis
  • Medication errors
  • Birth injuries
  • Failure to monitor or treat a patient

Who Can File a Wrongful Death Lawsuit in California?

Under California’s Code of Civil Procedure Section 377.60, the following individuals are eligible to file a wrongful death lawsuit:

  • The deceased person’s surviving spouse or domestic partner.
  • The deceased person’s children.
  • If there is no surviving spouse, domestic partner, or children, anyone who would be entitled to the deceased person’s property under California’s intestate succession laws (e.g., parents, siblings).

In some cases, a personal representative of the deceased person’s estate may also file a lawsuit on behalf of the family.

Steps to File a Wrongful Death Lawsuit for Medical Malpractice

  1. Consult with a Wrongful Death Attorney

Medical malpractice cases are highly complex, and wrongful death claims add an additional layer of difficulty. An experienced wrongful death attorney can help you:

  • Determine whether you have a valid claim.
  • Identify all potentially liable parties (e.g., doctors, nurses, hospitals, pharmaceutical companies).
  • Navigate California’s legal requirements and deadlines.
  • Gather and preserve critical evidence.
  1. Investigate the Claim

To prove medical malpractice, you must establish the following elements:

  • Duty of Care: The healthcare provider owed a duty of care to the patient.
  • Breach of Duty: The provider failed to meet the standard of care expected of a reasonably competent professional.
  • Causation: The provider’s breach of duty directly caused the patient’s death.
  • Damages: The family has suffered measurable losses as a result of the death.

Your attorney will work with medical experts to review medical records, autopsy reports, and other evidence to build a strong case.

  1. File the Lawsuit

In California, wrongful death lawsuits must be filed within two years of the date of death, as per the statute of limitations (California Code of Civil Procedure Section 335.1). However, there are exceptions to this rule, such as cases involving fraud or delayed discovery of the malpractice.

Your med mal attorney will draft and file a complaint in the appropriate California court, outlining the facts of the case, the legal basis for the claim, and the damages sought.

  1. Engage in the Discovery Process

During discovery, both parties exchange information and evidence related to the case. This may include:

  • Depositions (sworn testimony from witnesses, healthcare providers, and experts).
  • Requests for documents (e.g., medical records, hospital policies).
  • Interrogatories (written questions that must be answered under oath).
  • Discovery is a critical phase of the lawsuit, as it allows your attorney to gather evidence to support your claim and refute the defense’s arguments.
  1. Negotiate a Settlement or Go to Trial

Many wrongful death cases are resolved through settlements, as they allow families to avoid the uncertainty and emotional toll of a trial. Your attorney will negotiate with the defendant’s insurance company or legal team to seek a fair settlement.

If a settlement cannot be reached, the case will proceed to trial. At trial, your attorney will present evidence, call witnesses, and argue your case before a judge or jury.

Damages Available in a Wrongful Death Lawsuit

In California, surviving family members may be able to recover both economic and non-economic damages, including:

Economic Damages:

  • Funeral and burial expenses.
  • Medical bills related to the deceased’s final injury or illness.
  • Lost wages and future earnings the deceased would have provided.
  • Loss of benefits (e.g., health insurance, retirement plans).

Non-Economic Damages:

  • Loss of companionship, love, and support.
  • Loss of guidance and mentorship (especially for children).
  • Pain and suffering experienced by the family.

California does not cap damages in wrongful death cases, except in cases involving medical malpractice. For med mal wrongful death claims, non-economic damages (e.g., pain and suffering) are capped at $250,000 under the Medical Injury Compensation Reform Act (MICRA).

Challenges in Wrongful Death Medical Malpractice Cases

Proving medical malpractice in a wrongful death case can be challenging due to:

  • The complexity of medical evidence.
  • The need for expert testimony to establish the standard of care and causation.
  • The emotional toll on the family.
  • The aggressive defense tactics often employed by hospitals and insurance companies.

Having an experienced attorney on your side can make all the difference in overcoming these challenges.

Conclusion

Filing a wrongful death lawsuit for medical malpractice in California is a powerful way to hold negligent healthcare providers accountable and seek justice for your loved one. While the process can be daunting, you don’t have to navigate it alone.

If you believe your loved one’s death was caused by medical malpractice, consult with a skilled wrongful death attorney as soon as possible. They can guide you through every step of the legal process, fight for your rights, and help you secure the compensation your family deserves.

While no amount of money can bring back your loved one, a successful wrongful death lawsuit can provide financial stability and a sense of closure during an incredibly difficult time.

If you have questions about filing a wrongful death lawsuit in California, don’t hesitate to reach out to a qualified wrongful death attorney for a free consultation. They can help you understand your options and take the first step toward justice.