When medical negligence results in a patient’s death, the victim’s surviving loved ones may be entitled to pursue a medical malpractice claim. According to a 2025 report by Forbes, over 250,000 lives are lost to medical malpractice every year, with the highest number of cases originating right here in California. These cases are complex, challenging to prove, and subject to specific statutes of limitation, making it essential that you and your family seek legal guidance as soon as possible.
In this post, we will discuss wrongful death caused by medical negligence and how a skilled medical malpractice attorney can help clients understand their rights, follow the correct legal steps to file a claim, and obtain full compensation for their preventable losses.
Understanding Medical Malpractice Wrongful Death Claims
When someone’s death is caused by negligence, their surviving family members, dependents, or heirs are entitled to pursue compensation for wrongful death. When the victim dies under medical care due to the negligence of a doctor, nurse, or other healthcare professional, it becomes a case of medical malpractice. Typically, negligence in these cases involves:
- Misdiagnosis or delayed diagnosis
- Surgical error
- Medication or anesthesia error
To be considered medical malpractice, it must be proven that:
- The medical professional owed the patient a duty of care
- The duty of care was breached through delay, error, or other negligence
- This breach of duty directly caused the patient’s death
If you believe a loved one’s death was caused by medical negligence, contact an attorney to find out if you have grounds to file a lawsuit.
When to Seek Legal Guidance for a Medical Malpractice Claim
In cases of wrongful death caused by medical negligence, it’s critical to act quickly for several reasons, including:
- Statute of limitations: Family members, dependents, or heirs must file their claim within a specific time frame or risk losing their right to file. For wrongful death caused by medical malpractice in California, this is typically three years from the decedent's passing, or one year from the family’s discovery of the negligence. Depending on the specifics of your case, the time frame may be difficult to calculate. Your attorney will help ensure you file correctly and on time.
- Accessing evidence: When building your case, your attorney will seek out critical medical documentation and records as soon as possible, before they are altered or destroyed.
- Witness testimony: It’s essential to speak with witnesses or involved parties while their memories are still fresh, adding credibility to your case.
Speaking to an attorney as soon as possible gives you the best chance at receiving full compensation.
San Francisco’s Premier Medical Malpractice Attorneys
For strategic, personalized, and nationally-recognized representation, work with Bostwick & Associates. Our award-winning attorneys have decades of experience handling medical malpractice claims and have recovered over $1 billion for clients and their families. We prioritize keeping our clients informed and aware of every step we take in pursuing justice for their suffering.
If you’ve lost someone due to medical negligence, contact Bostwick & Associates for a free consultation. Our firm is here to hold negligent parties accountable and fight for your full compensation.