Doctors and other healthcare staff have both an ethical and legal obligation to provide competent care to patients. Doctors cannot always prevent the deaths of their patients. However, there are some situations in which a medical error or negligent act results in an avoidable patient death. If a patient’s death is caused by medical malpractice, a surviving family member may choose to bring a wrongful death claim against the doctor or the medical facility. A wrongful death claim may help the family recover compensation for their loss while holding the responsible party accountable for the tragic loss.

Defining Medical Negligence

A wrongful death occurs when the wrongful, reckless, or negligent action or inaction of a party results in the death of an individual. The terms medical malpractice and medical negligence are sometimes used synonymously, however, medical negligence is only one component of a medical malpractice claim. Four elements must be present to establish that medical negligence has occurred:

• Duty: If a patient had established a confidential doctor-patient relationship with the medical professional, the professional has a duty to provide capable medical care.

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