The Difference Between Wrongful Death and Negligence or Medical Malpractice
When someone dies because of another person’s carelessness, recklessness, or professional mistake, surviving family members are left not only grieving but also searching for answers and accountability. In these tragic situations, it’s common to hear terms like wrongful death, negligence, and medical malpractice. While they may sound similar—and sometimes overlap—they are legally distinct.
Understanding the differences between a wrongful death case and a negligence or medical malpractice claim is crucial, especially if you are thinking about pursuing legal action after the death of a loved one.
This article explains the key differences, how these types of claims are connected, and what they mean for families seeking justice in Pennsylvania.
What Is a Wrongful Death Case?
A wrongful death case is a legal claim brought by the surviving family members of someone who died as a result of another party’s negligent, reckless, or intentional conduct.
In Pennsylvania, wrongful death claims are governed by 42 Pa. C.S. § 8301 and are typically filed by the personal representative of the deceased person’s estate on behalf of surviving beneficiaries—usually the spouse, children, or parents.
The purpose of a wrongful death lawsuit is to compensate the family for the economic and emotional losses caused by the death, such as:
- Funeral and burial expenses
- Loss of financial support and future income
- Loss of companionship, comfort, and guidance
- Emotional distress and suffering
Wrongful death is not limited to any particular type of negligence. It can arise from car accidents, unsafe premises, workplace incidents, defective products, or medical malpractice—as long as the death was caused by another party’s legal wrongdoing.
What Is a Negligence or Medical Malpractice Case?
While wrongful death focuses on the outcome—the death of a person—negligence and medical malpractice focus on the conduct that caused the injury or death.
General Negligence
A negligence case involves a failure to act with reasonable care, resulting in harm to another person. These cases are not limited to medical providers. They can involve:
- A distracted driver running a red light
- A business failing to fix a dangerous condition on their property
- A nursing home not providing supervision, leading to a deadly fall
In some cases, general negligence causes serious injury but not death. In others, it may lead to a wrongful death claim.
Medical Malpractice
Medical malpractice is a specific type of negligence that occurs when a licensed healthcare provider fails to meet the accepted standard of care and causes injury or death. Examples include:
- A doctor misdiagnosing a life-threatening condition
- A surgeon making a critical error in the operating room
- A nurse administering the wrong medication
If the patient survives, the claim is one of medical malpractice alone. But if the mistake leads to death, then the family may bring both a medical malpractice claim and a wrongful death claim.
Key Differences Between Wrongful Death and Negligence/Malpractice Claims
Legal Concept
Wrongful Death
Negligence or Medical Malpractice
Focus
The harm caused by the death itself
The conduct that caused injury or death
Who Files The Claim
The deceased person’s estate and surviving family members
The injured person, or their estate if they passed
Type of Harm
Death only
Injury, permanent disability, or death
Damages Available
Funeral costs, loss of income, loss of companionship
Medical expenses, lost wages, pain and suffering, other damages
Can They Overlap?
Yes. Often brought together when negligence leads to death
Yes. Can form the basis of a wrongful death case
Survival Actions: Another Important Piece
In addition to wrongful death, Pennsylvania law allows for a survival action under 42 Pa. C.S. § 8302. A survival action is filed by the estate to recover damages the deceased person could have claimed if they had lived. This includes:
- Conscious pain and suffering before death
- Lost wages and benefits the deceased would have earned
- Medical expenses incurred prior to death
In most fatal negligence or malpractice cases, the estate brings both a wrongful death claim and a survival action, maximizing the financial recovery for the family and estate.
Example: How These Claims Work Together
Imagine a 45-year-old man goes to the ER with signs of a stroke. The emergency room physician misreads his CT scan and sends him home without treatment. The man suffers a massive stroke the next day and dies.
In this scenario:
- The physician’s error would be the basis for a medical malpractice claim
- Because the patient died, the family could file a wrongful death claim for their loss
- The estate could also file a survival action for the pain and suffering the man experienced before his death
This is a common scenario handled by medical malpractice law firms like Lupetin & Unatin, where all three claims—malpractice, wrongful death, and survival—are pursued in a single lawsuit.
Why These Differences Matter
Understanding the difference between these claims is more than just legal technicality—it directly affects:
- Who can bring the lawsuit
- What damages are available
- How much time you have to file
- What evidence and expert support is required
For example, Pennsylvania’s statute of limitations is generally two years for wrongful death and malpractice claims, but there are important exceptions based on when the family discovered the negligence. Getting this wrong could result in losing your right to recover.
That’s why having a law firm that understands how to evaluate, structure, and present these overlapping claims is essential to protecting your family’s rights.
Talk to a Trusted Pittsburgh Wrongful Death and Medical Malpractice Lawyer
At Lupetin & Unatin, we’ve spent decades helping families across Pennsylvania get answers and accountability after preventable medical errors and acts of negligence took the lives of their loved ones. We know how to handle the legal and emotional complexities of wrongful death and malpractice claims—and we’re ready to help you too.
If you’ve lost someone and believe negligence or medical malpractice played a role, contact us today for a free, compassionate consultation. We’ll review your case, explain your options, and fight for the justice your family deserves.