One of the common complaints among New York City medical malpractice lawyers is that the laws involving death caused by the fault of another, otherwise known as wrongful death laws, are among the most stringent in the nation. There has traditionally been severely limited rights of recovery in Wrongful Death cases, allowing the deceased’s family to make claims for financial losses only, not taking into account the emotional loss, pain, suffering and loss of enjoyment of life that a family endures when a loved one is taken from them. Tragically a person who is killed is often entitled to less money than a person who is seriously injured under New York’s draconian Wrongful Death laws.
Apparently, the courts have recognized the inequity of these laws and have recently adopted a more liberal stance on these catastrophic cases. Award for short periods of conscious pain and suffering, where the deceased lives only a short time after the malpractice or negligence was committed, have increased dramatically in recent years. Additionally, awards for people who spend long periods of time in a comatose state prior to death following an act of negligence or malpractice have also increased despite the difficulty in proving the patient was conscious of his pain and suffering (a prerequisite to recover money for pain and suffering)
The courts have also increased awards for a category of damages called the “loss of parental guidance” The claims for loss of parental guidance are often substantial and are dependent on the needs and ages of the children left behind as well as the previous relationship between the deceased and those children. The courts are also sustaining substantial awards for the loss of parental guidance of adult children and grandchildren.
New York City Medical Malpractice Attorneys
Bottom line is that as New York City Medical Malpractice Attorneys in the know have less to gripe about these days. Just remember that the wrongful death statutes are tricky, so make sure you hire someone who has handled and knows how to handle wrongful death cases. We’ve seen medical malpractice and other personal injury lawyers turn down or settle death cases for much less than they are worth based upon out of date and/or inaccurate information. The Law firm of Edelsteins Faegenburg & Brown LLP has obtained many multi-million dollar recoveries for the families of those who have lost family members due to the mistakes of doctors, hospitals and others. These results don’t happen by accident. They happen because we are passionate about we do and make sure that we leave no stone unturned in obtaining everything our clients are entitled to.
We are always available for a Free Consultation & Case Evaluation. Call us at 877-298-8027