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Can You Sue a Doctor for Wrongful Death?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 15, 2026

Read Time: 4 mins

If you have lost a loved one due to a doctor’s negligence, you may be asking yourself how you can achieve justice. Nothing can truly compensate you for losing a family member, but filing a wrongful death lawsuit can help you attain closure and monetary compensation to cover medical bills, funeral costs and other expenses. In the case of medical malpractice, it might help protect other patients by making public information about the doctor’s alleged negligence. In the case of a defective product, it may alert the public to the danger and expose the manufacturer for putting profits over people. Since every case has a unique set of circumstances, it’s recommended to consult a qualified personal injury lawyer who can review your case and determine whether you may have the basis to file a wrongful death lawsuit against a doctor.

Did a wrongful death occur?

Before a person can sue a doctor for wrongful death, it’s necessary to determine if a wrongful death occurred. For bereaved family members who are mourning their loved ones, any death can seem “wrongful.” However, the legal definition of wrongful death is far more limiting. A wrongful death is the death of a person caused by the negligence, carelessness, or wrongful act of another person. Wrongful death can occur in many situations, including medical malpractice.

When determining whether medical malpractice may have occurred, a personal injury lawyer will consider whether the medical professional breached the standard of care. The standard of care is the type and degree of care that any skilled and trained healthcare professional would deliver in any particular circumstances. In other words, the lawyer would consider whether the doctor failed to perform some action that a similarly trained doctor would have performed in that situation.

Other elements must be proven in this type of lawsuit. One of them is the doctor-patient relationship. The lawyer must demonstrate that a doctor-patient relationship existed between the doctor and the decedent, which would mean that the doctor owed the decedent a duty of care. There must also be evidence to prove that the doctor’s breach of the standard of care resulted in the patient’s death.

Can the doctor be sued?

Once the wrongful death lawyer establishes that the elements of medical malpractice exist and that the result was the patient’s death, the next step is to determine the defendants. Quite often, the doctor is indeed named as the defendant in a wrongful death lawsuit stemming from medical malpractice. However, there may be multiple defendants in this type of lawsuit.

In addition to suing the doctor, other healthcare professionals may be named as defendants, such as an attending nurse or diagnostic technician, provided these individuals also breached the standard of care. Some lawsuits may name the medical facility as a defendant as well, provided the facility committed an act of negligence or wrongdoing that contributed to the death.

Are you an eligible relative of the decedent?

Once an attorney determines that a wrongful death occurred and that the doctor can be sued, the next consideration is whether the individual who wants to file a lawsuit is eligible to do so. The law varies from state to state. In every state, the immediate family members can bring a wrongful death lawsuit. It’s customary for the surviving spouse, if any, to file the lawsuit. If a child has died, it’s customary for the parents to file the lawsuit. In some cases and in certain states, more distant relatives may be able to sue a doctor for wrongful death, such as siblings or grandparents.

Get the legal guidance you need to move forward

Every case is unique. It’s important to get in touch with a qualified wrongful death lawyer as soon as possible to discuss your options for legal recourse. Here at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we would like to extend our sincere condolences to your family for the loss of your loved one. We will do everything possible to make the legal process easy and hassle-free during this difficult time. You’ll find our legal team to be compassionate and knowledgeable, serving as both vigorous legal advocates and a shoulder to lean on when times are tough.

Of course, not every death may lead to a wrongful death lawsuit, which is why we offer free case reviews. You can schedule a no-obligation consultation with a personal injury lawyer at no charge to you. Get in touch today and let us know how we can help your family.

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   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 86 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can You Sue a Doctor for Wrongful Death?

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