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  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

How to Distinguish Between Medical Malpractice and Wrongful Death

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Friday, August 23, 2019.

Wrongful death and medical malpractice are two terms that confuse many people. They’re very closely linked, with the key distinguishing feature being that as a result of a medical practitioner's negligence, you or a family member dies a premature death. Examples of types of medical malpractice that lead to wrongful death include:

  • Failure to diagnose
  • Birth injuries
  • Surgical errors
  • Nursing negligence
  • Medication errors 
  • Defective medical equipment
  • Anesthesia errors
  • Doctor errors

What makes wrongful death unique from other forms of medical practice, is that it can actually span across a broader legal context and doesn’t only occur in instances of medical malpractice. This is because a person’s wrongful death doesn’t only occur within the medical field. Wrongful death can occur for multiple reasons and within multiple industries, with examples being:

  • Death from an automobile accident due to negligent repairs
  • Death from spoiled or contaminated food from suppliers
  • Death from hazing
  • Death from unsafe working conditions

Legal Matters

        Why Should You File a Wrongful Death Claim?

Filing a wrongful death claim can be very difficult, and it is usually an immediate family member that wishes to file a claim in order to receive compensation for the untimely death of their loved one. Family members may seek this compensation for a multitude of reasons, but the most common reasons people usually seek compensation include:

  • Covering the hospital expenses of the family member who died
  • Recognizing the emotional damages and loss of companionship of that family member
  • Covering the loss of financial income that family member would have provided
  • Covering the loss of future financial earnings until the time of retirement that that family member would have provided
  • Recognizing the pain and suffering experienced by that family member before their death, as well as the pain and suffering experienced by the living relatives
  • Covering funeral expenses

        How Do You File a Wrongful Death Claim?

Because of the complexities associated with wrongful death claims, as well as the fact that it is a civil action; it is best that you consult with a qualified medical malpractice lawyer before filing a wrongful death medical malpractice lawsuit.

There are many elements that need to be considered when filing a medical malpractice lawsuit. These, like the law, differ by state, and so you will need a qualified NYC medical malpractice attorney if you live in NYC. Your NYC medical malpractice attorney will be able to explain the key elements of filing a wrongful death claim, as well as help you prove these elements in order to have the best possible chance of winning your claim. These elements typically include proving that:


  • Your family member’s death occurred because of medical negligence
  • The healthcare professional/s and/or institution involved breached their duty of providing your family member with the best possible care
  • It was this breach of duty that caused your family member’s death
  • Your family member’s death created quantifiable financial and emotional damages to your family and/or your family member who died


If you believe that a family member may have experienced a wrongful death, please contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC today.

You can speak to one of our medical malpractice attorneys for a free, confidential consultation by calling 1-866-516-5887. When you are ready to talk, we are ready to listen.



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$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.




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