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Dec 102012
 

A: Under Pennsylvania law, when medical error results in death of the patient, certain survivors can recover under two separate theories: wrongful death and survivor claims. Both claims are based on the negligence of the doctor, hospital, etc. However, the damages claimed under each theory are slightly different. A wrongful death claim compensates survivors for the economic losses caused by the death of their loved one. A survivor claim compensates survivors for not only the economic losses, but also the pain and suffering their loved one experienced before passing away.  Survivor claims cannot be made where the deceased died instantaneously.  For more information about wrongful death claims in a Pennsylvania medical malpractice case, click here.

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