Wrongful death can be claimed when the death of one person is the legal fault of another. In the case of medical malpractice, wrongful death could be claimed if a patient died as a result of medical negligence on the part of the doctor.
In a wrongful death action there are two types of claims. First a survival action claim is brought by the personal representative of the deceased individual's estate for the pain and suffering of the deceased individual from the time of the malpractice until the time of his/her premature death. Wrongful death claims may also be filed by the parents, spouse and children of the deceased individual for their pain and suffering as a result of their loved one's death.
Damages that can be sought in a wrongful death claim in Maryland include economic and non-economic damages. Economic damages are the financial contributions the deceased would have made to the survivors. These include his or her expected earnings, benefits, loss of inheritance as a result of an untimely death, value of goods and services he or she would have provided, and medical and funeral expenses related to the death. Non-economic damages include things such as the pain and suffering of the survivors as a result of the death, and the loss of their love, care, and companionship. Wrongful death claims must be sought within three years of the death.