New Jersey Lawyer Blog
The estate of Dina Wyckoff of Franklin Lakes, NJ was recently awarded $1.28M. The suit alleges that doctors did not treat Wyckoff properly, ultimately leading to her death by cancer in August 2016.
The lawsuit asserts that doctors, including staff from St. Clare Hospital in Denville, NJ neglected to take a proper biopsy from Wyckoff in 2013. The results of the biopsy indicated that Wyckoff was cancer-free. As a consequence of this negligence, her then-treatable cancer progressed to a terminal state. According to the attorney representing her estate, if the cancer was found in 2013, Wyckoff would have a 50-68% chance of living at least five years.
Medical malpractice is a leading cause of wrongful death cases. Unfortunately, while we typically expect hospitals and doctors to treat us with optimal care, this is not always the case. There are a plethora of errors that medical professionals and institutions make regularly, including issues with surgical techniques, anesthesia, birth injuries, and bedsores. In fact, it is estimated that there have been over 300,000 premature deaths attributed to medical malpractice in the United States each year.
According to the New Jersey Wrongful Death Act, only pecuniary (financial) damages may be recovered in the event of a wrongful death claim. These damages may include loss of income, loss of services, and reasonable funeral and medical expenses. According to the New Jersey Wrongful Death Act, the “purpose of the award is the replacement of services that the decedent would have rendered and nothing more”. Emotional losses are only considered in the event that somebody witnessed the negligent death occur. Notably, this claim would have to be filed as a separate lawsuit.
The final element of a negligence case if damages. According to the New Jersey Wrongful Death Act, only pecuniary (financial) damages may be recovered in the event of a wrongful death claim. These damages may include loss of income, loss of services, and reasonable funeral and medical expenses. According to the New Jersey Wrongful Death Act, the “purpose of the award is the replacement of services that the decedent would have rendered and nothing more”. Emotional losses are only considered in the event that somebody witnessed the negligent death occur. Notably, this claim would have to be filed as a separate lawsuit.
- In order to calculate loss of income a court-appointed economist will deduce the potential income that the decedent could have generated over the remainder of the lifetime, and will subtract variables such as income taxes and personal maintenance expenses. The resulting figure will be an estimate of the amount of money that the decedent could have reasonably contributed to their survivors.
- Next, loss of services is calculated by estimating the monetary value of services that they decedent could have provided had they not died. These services may include those that directly benefit the decedent’s survivors, such as child-rearing, care-taking, business advisory, etc.
- Finally, funeral expenses are deduced by evaluating expense receipts.
The total compensation for pecuniary damages in a wrongful death case varies from state to state. The median recovery has hovered around $250,000 nationally, while the average has exceeded $1,000,000. Notably, 20% of plaintiffs pursuing wrongful death claims in the United States have received over $1,000,000 in recoveries.
At Aretsky Law Group P.C., we understand how difficult it can be for your family to deal with the death of a loved one, and we hope to provide legal guidance during this upsetting and frustrating time.