Most people don’t expect to question a doctor’s care after losing someone they love. But when a death follows what was supposed to be routine treatment, the grief often comes with unanswered questions. What happened? Could the outcome have been avoided? And why didn’t anyone say something sooner?
Wrongful death medical malpractice lawsuits exist for this exact reason. They examine whether medical professionals failed to act, missed a warning sign, or made a fatal decision that cost someone their life. These aren’t about second-guessing care; instead, they ask whether proper care would have made a difference at a critical moment.
Understanding your legal rights after a medical tragedy can feel overwhelming. Here’s what you need to know if you’re considering a wrongful death medical malpractice claim in Maryland.
What Wrongful Death Medical Malpractice Lawsuit Often Involve
Certain medical situations come up repeatedly in wrongful death malpractice claims. Providers sometimes fail to diagnose a condition. Other times, providers delay treatment. These scenarios often involve a missed standard step in care that leads to irreversible consequences.
Claims often involve:
- A cancer, infection, or internal injury that went undetected;
- A heart attack misread or dismissed in the emergency room;
- Surgical complications that weren’t recognized or treated;
- Anesthesia problems that were not handled appropriately; or
- Medication errors that triggered a severe or fatal reaction.
Understanding what went wrong medically is only one piece. The next step is determining whether the evidence supports a medical malpractice wrongful death lawsuit and what’s required to file it.
Who Can File a Medical Malpractice Wrongful Death Lawsuit?
A preventable medical error that leads to a patient’s death often leaves families with pain, questions, and a sense that someone could have done more. Sometimes, a routine procedure goes wrong. Other times, symptoms are dismissed or missed, and care comes too late. Legal action can help uncover what happened and hold the right people accountable in such moments.
Maryland law provides that a surviving spouse, child, or parent has the primary right to bring a wrongful death lawsuit.
In addition to a medical negligence death claim, the patient’s estate may also bring a separate lawsuit, called a survival action. This covers physical pain, medical expenses, and the suffering the patient experienced before death.
In most cases, families have three years from the date of death to file a wrongful death medical malpractice lawsuit, even if they discover the malpractice later.
What It Takes to Prove Wrongful Death Medical Malpractice
Proving that a medical mistake led to someone’s death isn’t a simple process. It’s not enough to show that the outcome was tragic or unexpected. Families must demonstrate that the care fell below accepted medical standards and that this failure directly caused the loss.
That usually requires a thorough review of the patient’s medical records, including:
- Test results and imaging,
- Doctor’s notes and nursing charts,
- Medication logs,
- Procedure reports, and
- Communication between providers.
Each piece helps show what happened and whether the provider took appropriate steps at critical moments.
In addition, state law requires a Certificate of Qualified Expert to proceed with a malpractice claim. A licensed doctor in the same field must review the case and confirm that the care fell short of reasonable professional standards.
This step plays a vital role in the process. It confirms that credible medical evidence, not suspicion or grief, supports the wrongful death claim.
Talk with a Maryland Medical Negligence Death Lawyer
No lawsuit can reverse a loss. But when a death was avoidable and linked to substandard medical care, pursuing a wrongful death medical malpractice lawsuit can provide something meaningful. It can help uncover what happened, clarify where the care fell short, and establish accountability.
These cases are legally and emotionally complex, often raising challenging questions about medical decisions, communication, protocols, and institutional failures. Preparing a case means carefully reviewing the full medical record, working with qualified medical experts, and being ready to take the matter to trial if necessary.
Courts, colleagues, and clients recognize Brockstedt Mandalas & Federico for its work in medical malpractice litigation. For decades, our wrongful death attorneys have represented families across Maryland in high-stakes cases and have achieved some of the region’s largest verdicts and settlements. What sets us apart is the depth of our trial experience, our ability to navigate complex medical issues, and the longstanding relationships we have built with experts and professionals in the malpractice field. We treat every wrongful death medical malpractice lawsuit with the personal attention it deserves and prepare each one with the full resources of our team.
If you believe medical negligence may have played a role in the loss of your loved one, we are available to review your case. We can examine the medical records, assess how the law applies, and help you understand the next steps.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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