Can a person win a wrongful death case against a doctor without proving medical malpractice?
Full Question:
Can a person win a wrongful death case against a doctor without proving medical malpractice? Can a tort claim of wrongful death prevail by libel,deceit, neglect and other tortious claims? Can the Doe in a first claim be used without the person being named or by them just being mentioned in the Complaint?
03/29/2007 |
Category: Civil Actions ยป Medical Malp... |
State: California |
#2302
Answer:
If the wrongful death occurred as a result of improper treatment while under medical care, the proper claim would be medical malpractice, which can include neglect, misinformation, etc. If the death occurred as a result of something that occurred outside the doctor-patient relationship, then another theory might apply. A party is named as a Doe when their identity has not yet been obtained. Please see:
http://www.uslegalforms.com/legaldefinitions/m/medical-malpractice.php
