Medical Malpractice | August 10, 2023

Wrongful Death Claims 101: Everything You Need to Know

An estimated 28,000 Canadians tragically lose their lives yearly due to medical errors. These alarming fatality figures rank closely behind heart disease and cancer, highlighting the gravity of this issue.

The untimely death of a family member is a highly traumatic experience that may leave deep emotional scars. When the negligence of a healthcare professional is the cause of this tragic loss, grief and anguish are further intensified.

Wrongful death claims provide a legal avenue for holding the responsible parties accountable for their actions and pursuing compensation to alleviate the financial and emotional burdens endured by the surviving family members.

This article aims to provide a comprehensive overview of wrongful death claims, specifically focusing on their relationship to medical malpractice cases and how a medical negligence lawyer can assist families during these challenging times.

Understanding Wrongful Death Cases and Medical Malpractice

Wrongful death cases involve legal matters surrounding the untimely loss of a person’s life due to another party’s recklessness, negligence, or intentional misconduct. These cases aim to provide justice and compensation to the surviving family members or the deceased person’s estate.

Wrongful death cases can stem from a number of incidents. In medical malpractice cases, wrongful death can occur when a healthcare provider’s negligence directly results in the death of a patient. Particular cases of medical errors that have the potential to result in a wrongful death include:

Wrong-site surgeries
Anesthesia errors
Post-surgical complications
Inadequate treatment
Drug-related issues
Negligence in the emergency room
Misdiagnosis

Elements of a Wrongful Death Claim Rooted in Medical Malpractice

If the following criteria are met, the patient’s family members or legal representatives may have grounds to file a wrongful death lawsuit seeking compensation for the damages they have sustained.

Consulting with medical malpractice lawyers on wrongful death cases is essential to evaluate the specific circumstances and determine the best legal action.

Duty of Care

It must be proven that the healthcare professional had a duty of care towards the patient. This duty is generally established by the existence of a doctor-patient relationship. Examples of demonstrating duty of care towards a patient include:

Conducting a thorough medical history evaluation.
Adequately investigating the patient’s symptoms and complaints.
Formulating proper differential diagnoses based on the available information.
Referring the patient to specialists when necessary.
Offering a reasonable and appropriate course of treatment.
Providing further follow-up care if it is reasonably required.

Breach of Duty

Once the duty of care is established, the claimant must show that the healthcare professional deviated from the accepted norms and practices within their field, and that this deviation was a significant factor leading to the patient’s death.

Causation

Causation is crucial in a medical malpractice wrongful death claim. It requires establishing a direct link between the healthcare provider’s breach of duty and the patient’s death.

The plaintiff must demonstrate that the negligent act or omission directly caused or significantly contributed to the patient’s demise. This often involves expert medical testimony to establish the causal relationship between negligence and the fatal outcome.

Damages

In medical malpractice cases, damages refer to the measurable injuries, losses, or harm suffered by the surviving family members due to the death caused by medical negligence. These damages can be economic and non-economic, and are essential in establishing a wrongful death claim.

Other Key Insights Into Medical Malpractice Wrongful Death Claims

Here are some additional crucial considerations regarding medical malpractice wrongful death claims:

Expert Testimony

In a wrongful death claim rooted in medical malpractice, the plaintiff’s lawyer must obtain well-supported opinions from expert medical witnesses who are qualified and credible. These expert witnesses serve a number of important purposes, such as the following:

Expert witnesses help establish the standard of care required in a particular situation. They offer professional opinions regarding the actions a competent and skilled healthcare provider would have taken in similar circumstances.
By comparing the defendant’s actions to this standard, it becomes evident whether or not the defendant met the required level of care.
Expert witnesses help evaluate the severity and permanency of the plaintiff’s injuries or damages.
They provide professional opinions on the extent of the injuries, the likely need for future medical care and services, and the associated costs.

Statute of Limitations

Wrongful death claims are subject to specific filing deadlines known as statutes of limitations. For instance, in Ontario, the usual time limit to initiate a claim is generally two years from your loved one’s passing date.

Failing to file your claim within the specified timeframe can jeopardize your chance to pursue compensation for the loss of your loved one.

Compensation

If successful, a medical malpractice wrongful death claim can result in compensation for the surviving family members. The types of compensation awarded may include:

Economic damages: This includes medical expenses, funeral and burial costs, loss of financial support, and any other measurable financial losses incurred due to the death.
Non-economic damages: These damages compensate for the emotional distress, pain and suffering, loss of companionship, and the impact of the loss on the surviving family members’ quality of life.
Punitive damages: On rare occasions, punitive damages may be awarded if the healthcare provider’s conduct is deemed particularly egregious. Punitive damages are intended to penalize the defendant and deter future misconduct.

An experienced medical malpractice lawyer can provide valuable guidance, properly addressing these elements and establishing a compelling case for compensation and justice.

Who can file a medical malpractice wrongful death claim?

In Canada, provincial and territorial laws generally determine the eligibility to file a medical malpractice wrongful death claim. While the specific requirements may vary slightly across jurisdictions, the following individuals are typically allowed to file such a claim:

Immediate Family Members

Spouses, parents, and children of the deceased are commonly eligible to file a wrongful death claim. They are considered primary beneficiaries due to their direct relationship with the deceased.

Dependent Family Members

In certain situations, dependent family members who relied on the deceased for financial support may have the opportunity to pursue a wrongful death claim. This category can encompass siblings, grandparents, or other relatives financially dependent on the deceased individual.

Legal Representatives of the Estate

In situations where there are no immediate family members or financial dependents, the legal representative of the deceased’s estate may have the right to file a medical malpractice wrongful death claim. This representative is typically appointed by the court or designated in the deceased’s will.

The estate representative acts on behalf of the estate and seeks compensation for the losses suffered by the estate, including financial expenses, pain and suffering, and other damages resulting from the wrongful death.

Medical malpractice cases involve intricate legal procedures, strict filing deadlines, and other specific requirements. By enlisting the services of a lawyer, you gain access to their specialized knowledge in handling the intricacies of your case, ensuring precise and timely filing of all essential documents.

Trusted Medical Negligence Lawyers: Sommers Roth & Elmaleh’s 40-Year Expertise

The Sommers Roth & Elmaleh team of medical negligence lawyers is dedicated to offering legal support to individuals and families impacted by medical errors, negligence, or severe injuries.

Our legal services reach beyond the boundaries of Toronto and Ontario, ensuring assistance to clients across multiple provinces throughout Canada, including Alberta, British Columbia, Saskatchewan, Quebec.

Prompt action is crucial in these cases since there are time restrictions on filing a claim. Contact us today for a complimentary consultation at 1-844-940-2386 or through our website.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

See Our Lawyer's Reviews

Hilt this Tamrate

23 May 2023

Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa

Hector Cardenas

4 January 2023

I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.

JERRY ZHOU

10 October 2022

We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh，Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !

Meggie Zhangkrk6hdjybfjt

6 October 2022

I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.

Tony Zhou

29 September 2022

I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.

Dianne Keckes

18 July 2022

I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!

Ivica J Sokic

6 June 2022

Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.

Arden Melnechuk

1 December 2021

I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!

Megha Sharma

16 April 2021

Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.

Nick & Whitney Maraschiello-Basnett

18 July 2020

We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.