{"id":353558,"date":"2017-08-23T19:10:40","date_gmt":"2017-08-24T00:10:40","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/injury\/torts-and-personal-injuries\/wrongful-death-vs-medical-malpractice.html"},"modified":"2025-08-14T15:12:07","modified_gmt":"2025-08-14T20:12:07","slug":"wrongful-death-vs-medical-malpractice","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/wrongful-death-vs-medical-malpractice.html","title":{"rendered":"Wrongful Death vs. Medical Malpractice"},"content":{"rendered":"\n
\n

Wrongful Death vs. Medical Malpractice<\/h1>\n\n
\n
\n By Danielle Gilmore, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

State laws provide legal options after a loved one is killed, including at the hand of a health care provider or facility. Family members of a victim may file a medical negligence suit. Or they may have a valid wrongful death claim on behalf of the deceased.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Civil and criminal proceedings may follow after a person has been wrongfully injured or killed. The nature of the circumstances and the type of injury will dictate the type of legal remedies available.<\/p>\n

Read on to learn about the difference between\u00a0wrongful death<\/a> and medical malpractice lawsuits. Due to the legal complexities, it’s a good idea to speak with a medical malpractice<\/a>\u00a0lawyer or a\u00a0wrongful death attorney<\/a>\u00a0before filing a lawsuit.<\/p>\n

Wrongful Death and Medical Malpractice Compared<\/h2>\n

You might confuse wrongful death and medical malpractice. Both are specific types of personal injury cases. Depending on the circumstances, certain types of lawsuits might involve both claims. There are many instances of overlap.<\/p>\n

The types of damages<\/a> that you can get in a wrongful death case and a medical malpractice case are similar. The types of damages are divided into two categories: economic and non-economic damages.<\/p>\n

Some of the economic damages may include:<\/p>\n