The attorneys at the national law firm of Charles Jerome Ware, P.A., regret hearing about the wrongful death of anyone,
but we are here for you and your loved ones when you have a wrongful death claim.
We recognize and understand the tremendous agony and emotional strain you are experiencing in this process, and we want to help you in any way possible to survive it.
Survival Actions and Wrongful Death Actions In Maryland
When a victim dies in an accident or from medical malpractice in Maryland, the deceased person's family may typically file two separate claims: a "survival action" and a "wrongful death" action.
The "survival action" is an action brought on behalf of the personal representative for the estate of the deceased, claiming recovery for the injuries suffered by the victim. Maryland law allows compensation to the deceased victim's estate for the pain and suffering and other damages, and actual expenses incurred by the victim that were suffered up to the moment of death.
The "wrongful death action" is brought by the relatives of the victim and it seeks compensation for the victim's accidental death.
In a
survival action in Maryland, damages are measured in terms of harm to the actual. victim. The personal representative serves as the posthumous agent of the victim. In a
wrongful death action in Maryland, damages are measured in terms of harm to loved ones as a result of the loss of the victim. In this case, the surviving relatives do not serve the agent for the decedent and act on their own behalf for their own loss.
One chief difference between a survival statute and a wrongful death statute is that if death is instantaneous, there can be no cause of action except for medical bills and funeral expenses under the Maryland survival statute. Of course, this is a fallacy of law; no one can argue that a parent who does not get to see their children grow up has not suffered a loss. But the law gives that claim to the children under the survival statute.
Statutes of Limitations
Any medical malpractice action must be filed either within five years from the date when the injury was committed or three years from the date when the injury was discovered, whichever is earlier [Md. Code Ann., Cts. & Jud. Proc. § 5-109 (1995)]. Against a minor, the statute does not begin to run until a claimant has reached the age of eleven, and if the action involves a foreign object or injury to the reproductive system, the statute does not begin to run until the claimant is sixteen.
Id. Maryland’s highest court has held that the five-year part of the statute is not measured from the date treatment ends and does not violate the state constitution [
Hill v. Fitzgerald, 304 Md. 689, 501 A.2d 27 (1985)].
A wrongful death action brought by the decedent’s dependents must be filed within three years after death [Md. Code Ann., Cts. & Jud. Proc. § 3-904 (1995)]. This statute applies to a wrongful death action brought on a medical malpractice theory, while § 5-109 applies to a survival action brought by the decedent’s estate.[
Geisz v. Greater Baltimore Medical Center, 313 Md. 301, 545 A.2d 658 (1988)].
Some Wrongful Death Awards
- $3,000,000 Jury Award for Maryland pedestrian death.
- $1,300,000 Award. Wrongful death caused by hypertensive stroke during pregnancy (preeclampsia and eclampsia) arising from physician and nursing negligence in the hospital.
- $2,000,000 Award for Road Rage Wrongful Death [
Attorney for Plaintiffs: Charles Jerome Ware]
- $1,125,000 Award for wrongful death resulting from failure to treat deep vein thrombosis (DVT), pulmonary embolus (PE) and negligent discharge from the hospital.
- $1,100,000.00 Award for wrongful death caused by negligent insertion of a chest tube in the emergency room.
[www.millerandzois.com/Wrongful Death, Survival Actions; www.mcandl.com/ Maryland Medical Malpractice;
Understanding the Law: A Primer, by Attorney Charles Jerome Ware, iUniverse Publishers; voices.washingtonpost.com/crim-scene/ $3 Million Jury Award/ 03-11-2011]
