We often receive calls from potential new clients who are not sure if they have a wrongful death case or a medical malpractice case. Let’s discuss the difference between the two. If someone died as a result of negligent medical care, it is both a medical malpractice and a wrongful death claim. Meaning, if there is a death relating to medical care, all medical malpractice cases are wrongful death cases. But conversely, all wrongful death cases are not medical malpractice cases.
Key Differences Between Medical Malpractice and Wrongful Death Claims
There is an important distinction between medical malpractice and wrongful death claims. These claims have two separate statute of limitations. Simply stated, the statute of limitations is the amount of time a person has to take legal action. For example, if a loved one died as a result of medical care, it is very important that you contact a medical malpractice lawyer as soon as possible because there is a one-year statute of limitations in Ohio relating to what’s called the survival, meaning the conscious pain and suffering of the patient involved. There is also a two-year wrongful death statute as well. The wrongful death claim belongs to the beneficiaries, the next of kin: the wife, the mother, the children. It is their pain that they suffered as a result of the medical malpractice. So, if someone passes away or is killed as a result of medical malpractice, it is both a medical malpractice and a wrongful death claim.
Filing a Wrongful Death or Medical Malpractice Claim in Ohio
If a loved one passes away or is killed due to medical malpractice, it is very important to contact a medical malpractice lawyer. Not only that, but you should also seek out the best lawyer you can find. When choosing a legal team, here are some things we recommend looking for:
- Free Case Strategy Session
- No Upfront Costs
- Successful Results
- Statewide Legal Representation
- A Dedicated Team
We hope you or your family never find yourselves in this situation, but if you need to file a medical malpractice claim in Ohio, our team has years of experience with the legal process. In the midst of grief, the last thing you or your family needs to worry about is dealing with the medical facility, records, etc. At Tittle & Perlmuter, we step in to support families in their time of need by handling everything from start to finish on the legal end. When you need answers, justice, and accountability, contact our office or give us a call.