How To File a Wrongful Death and Medical Malpractice Claim

Scartelli Olszewski P.C.

Losing a loved one is devastating, especially if you suspect that a preventable medical mistake caused their death. You might be unsure what to do next or how to seek justice for yourself and your family. 

One of your first steps should be consulting an experienced wrongful death and medical malpractice lawyer. An attorney will explain how to file a claim, what outcome you may expect, and what a potential settlement might cover. 

Can You File a Wrongful Death Medical Malpractice Claim in Pennsylvania?  

In Pennsylvania, only the personal representative of the deceased person’s estate, named in a valid will, can file a wrongful death claim on their behalf. If the patient died without leaving a will, the Registrar of Wills in the deceased’s county of residence can  appoint a family member or another trusted person as a representative. 

Note that while the representative files the claim, any compensation goes to the deceased person’s beneficiaries, such as a surviving spouse or children. 

How Soon Do You Have To Act?

Pennsylvania law states that you must file a wrongful death medical malpractice claim within two years of your loved one’s passing. However, in some cases, this timeframe may be extended. It is important you consult with an experienced Pennsylvania medical malpractice attorney to learn the deadline to file in your particular case.

Generally, the sooner you consult with an experienced medical malpractice attorney, the easier it will be for your attorney to investigate whether a breach of duty of care occurred and whether they can establish causation.

Do You Have Grounds for a Wrongful Death Claim?

To win a wrongful death claim, you and your attorney will need to show that:

• The healthcare provider had a duty of care toward your family member
• The healthcare provider acted negligently while caring for your loved one
• This negligence caused or contributed to your loved one’s death 
• Your family member’s death caused damages recoverable under Pennsylvania law

Examples of medical malpractice include failed or delayed diagnoses, missed diagnoses, wrong medication or dosage, surgical mistakes, untreated sepsis, and  improper treatment. 

Doctors, nurses, other healthcare providers, and institutions like hospitals and clinics may all be liable  in medical malpractice lawsuits. 

The Process of a Wrongful Death Claim 

If you want to file a wrongful death claim, consult an experienced lawyer first. As a rule, medical malpractice lawyers only receive payment when they settle or win your case, so any reputable lawyer will investigate your case thoroughly to ensure you have a solid claim before agreeing to represent you. 

Assuming they believe you have a good chance of winning your case, they will proceed as follows:

1. Calculating Damages

The attorney will calculate your losses based on factors like the financial support your loved one provided during their life, any medical treatment costs they incurred, and the pain they experienced before passing. Your settlement may also include burial costs and the value of your family member’s services, such as caregiving.

2. Demand Letter

Your lawyer will send a formal demand letter to the healthcare provider’s insurance company. The demand letter will list all your losses and state the compensation amount you ask for.

3. Negotiations

The other side often  makes a substantially lower counter-offer. Your  lawyer will likely try to reach a reasonable compromise. If negotiations fail, your lawyer  may decide to file a lawsuit for Wrongful Death.

Scartelli Olszewski, P.C., Can Help You Claim Compensation for Fatal Medical Negligence

Do you believe that your loved one passed away because a medical care provider violated the standard of care? Contact us at Scartelli Olszewski, P.C. Our skilled and compassionate lawyers will guide you through the process of a wrongful death medical malpractice claim and work hard to negotiate the highest possible settlement on your behalf.

Call 570-230-6420 or fill out our online form for a free consultation.