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Misdiagnosis Wrongful Death

Feb 3, 2023 | Los Angeles Information

It’s never easy to lose a loved one. It is possible to hold a medical professional liable for someone’s passing. That’s if they provided subpar medical treatment that led to a misdiagnosis wrongful death for a parent, child, or spouse. What legal alternatives does your family have to recover from such a tragic occurrence?

Family members of a person who passed away as a consequence of a misdiagnosis may be eligible to bring a medical malpractice wrongful death claim. Compensation for damages suffered by beneficiaries of the deceased is provided in wrongful death litigation. You must be able to demonstrate that the medical expert’s incorrect diagnosis of your loved one resulted in their death and was done so carelessly or recklessly in order to be successful in a wrongful death claim. A lawyer should be consulted on specific jurisdictional matters, such as who may bring a wrongful death case and when that lawsuit must be filed.

What is a Lawsuit for Wrongful Death?

A wrongful death lawsuit is a legal claim brought by the deceased’s family members against the person or entity responsible for the death. Wrongful death lawsuits can obtain compensation based on the losses endured by the deceased’s family as a result of their loss. The technique and time restriction for initiating a wrongful death case differs on the jurisdiction, so if you have any queries, please contact one of our medical malpractice wrongful death attorneys.

Elements of a Misdiagnosis Wrongful Death Lawsuit

To prevail in your family’s wrongful death claim following a misdiagnosis, you must establish four crucial elements: duty of care, failure to perform, causation, and damages.

Duty of Care

You must demonstrate in court that the other party had a duty to the victim as their medical care provider. This might be as simple as demonstrating that the doctor consented to offer care. You must also demonstrate what the other party’s responsibilities were. Presenting expert evidence is one way to illustrate this. Your expert witness can describe the standard of care, which is what other experts with equivalent experience in the same field would have done in that scenario.

Failure to Perform

After demonstrating the standard of care, you must explain how the defendant violated it through their conduct (or failure to act). In circumstances of misdiagnosis, a breach of duty might occur when the physician fails to recognize specific signs that would have prompted others to undertake testing that could have revealed the underlying problem.


Causation might be particularly difficult to establish in wrongful death actions based on misdiagnosis. This is due to the possibility that the defendant would argue that the misdiagnosis was not the cause of death. In other words, they may argue that the victim would have died regardless if the diagnosis was right. A false or good diagnosis that is made too late may result in wrong treatment or postponed necessary therapy. Either of these can have devastating effects for a person suffering from a serious ailment. To establish if you have a solid case, you should talk with one of our skilled attorneys.


In contrast to a personal injury claim, a wrongful death lawsuit seeks compensation for the victim’s loved ones. This might include the victim’s lost money as well as the psychological cost of the loss of companionship offered. Some states may impose damage caps in medical malpractice wrongful death lawsuits. Find out how much are able to receive in a wrongful death case is to consult with an attorney.

We Can Assist your Family in Filing a Lawsuit Following a Misdiagnosis Death

When someone passes away due to a false diagnosis, it is one of the most tragic things that can occur. In many cases, this leads to some form of malpractice lawsuit. This can be traumatic for the family who lost their loved one and now has no way to get closure. KAASS LAW is able and available to help you with your wrongful death claim. Call us at 310943.1171 and view this link to visit our other website.