In the case of a wrongful death caused by medical malpractice during labor and delivery,
the defendants in the wrongful death action will be the same as those named in a medical malpractice suit for non-fatal injuries sustained by a baby.
Not exact matches
(1) A
death (2) that was caused by the
defendant's
wrongful or negligent conduct (3) giving rise to a specific cause of
action the deceased could have pursued
in a lawsuit had he or she not died from the conduct.
The family of Lola Norton, deceased brought a
wrongful death action against a number of
defendants who were affiliated with a nursing home
in which Bernard Norton's wife, Lola died.
If a victim dies of injuries sustained by a defective product, the victim's immediate family members may be entitled to recover damages sustained by the family members as a result of the victim's
death in a
wrongful death action brought against the same
defendants.
The plaintiff will be required
in such
wrongful death actions to prove the medical malpractice or negligence of the
defendants just as they would have
in a medical malpractice
action.