Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these … [Read more...]