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Elements of a wrongful death claims from medical malpractice

In the unfortunate aftermath of medical malpractice leading to a wrongful death, families may find themselves grappling with grief and seeking justice for their loved ones. They have the right to pursue legal action to seek compensation and hold responsible parties accountable.

However, embarking on such a path requires understanding the elements of wrongful death lawsuits.

Breach of duty

The first key element in a wrongful death lawsuit is establishing that the healthcare provider breached their duty of care. This means demonstrating that the medical professional failed to provide treatment at a level considered acceptable within their field.


This breach must link to the death in question. Connecting the medical professional’s negligence to the wrongful death involves illustrating how the breach of duty directly led to the fatal outcome.


To seek a wrongful death settlement, families must demonstrate they suffered damages as a result of the loss. It is important to showcase tangible losses, such as medical expenses, funeral costs and the economic impact on the family due to the loss of their loved one. However, families may also be able to collect compensation for non-economic damages, such as pain and suffering or loss of companionship.

The legal process serves as a means for families to seek accountability and compensation in the event of a devastating loss due to medical malpractice. Kentucky law acknowledges the importance of holding accountable those responsible for wrongful deaths due to medical negligence to provide families with an opportunity for closure and justice.

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