Asked in Wrongful Death for New York

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

Related Topics:
2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

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

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.