Asked in Wrongful Death for New York

Q: What can I do if the hospital essentially played a part in my grandfather’s death?

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2 Lawyer Answers

A: I'm very sorry for the loss of your grandfather. As a first step, your family could reach out to law firms that handle med mal/wrongful death matters. Most law firms handling such matters offer free initial consults. Upon preliminary review, if a firm believed there could be a potential basis for a lawsuit, they would retrieve the records and review with a medical professional. If this matter involves public/municipal hospitals, entities, facilities, parties, there could be abbreviated timelines within legal action must be taken to preserve rights. These can include short notice of claim requirements in the order of days, as well as abbreviated statutes of limitations that are shorter than those provided in New York Civil Procedure Laws and Rules. This will depend on the type of facility and the entities and parties involved. If you reach out to law firms, they should be able to outline these and other important issues for your family. Good luck

Jonathan R. Ratchik agrees with this answer

A: I'm very sorry for your loss. As my colleague correctly advised, get copies of your grandfather's medical / hospital records and speak with an experienced personal injury attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in New York, you cannot recover damages for emotional loss or grief in a wrongful death lawsuit. Instead, the only damages recoverable are for the decedent's conscious pain and suffering and any pecuniary damages (economic loss) sustained by the decedent's surviving family members. Here's an article I found online which you might find helpful, https://www.justia.com/injury/wrongful-death/

Tim Akpinar agrees with this answer

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