To establish wrongful death claim, the personal representative needs to prove: (1) the death, (2) caused by the defendant’s wrongful conduct, (3) giving rise to cause of action the decedent could’ve pursued in court had death not occurred, and (4) survival by one or more people who suffered loss due to the death and damages the estate can recover. To establish the medical malpractice claim underlying the wrongful death suit, plaintiff and their attorney must prove: (1) the healthcare provider owed professional standard of care to the patient, (2) the provider breached the professional standard of care, (3) causation, and (4) damages.
Medical Malpractice and Wrongful Death | Syracuse Doctor Malpractice Lawyers
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