Medical errors and negligence can lead to the death of a patient. When it does, a claim is more than one for medical negligence; it becomes a wrongful death case.
Under Washington law, when a patient dies as a result of medical negligence there are two basic types of claims that can be brought: a claim by the decedent’s Estate for certain losses suffered by the decedent, and a claim on behalf of the spouse and/or children of the decedent for the losses they have suffered as a result of the death. Both kinds of cases may be brought only by the Estate’s personal representative (such as an executor) who is appointed by the court upon application by the decedent’s family. In effect, the personal representative wears two hats, one on behalf of the Estate and one on behalf of the beneficiaries. Both kinds of claims are usually brought in one lawsuit.
The claim on behalf of the Estate consists of claims that were caused by the negligence and that could have been brought by the decedent had he/she lived, as well as claims for the lost future net income caused by the shortened life. For example, if the negligence resulted in a prolonged illness before the death, the injured person could have brought a lawsuit for the medical expenses and other harms and losses he/she suffered. That claim is not extinguished by the death, and the Estate can bring a claim for compensation.
The net income loss consists of the projected future earnings less the amount the decedent would have consumed had he/she lived; it is sometimes called the “net accumulations” of the estate. If the decedent was a high-income earner that amount can be substantial. For many low-income earners, however, statistics show that most if not all of his/her income will be consumed and there are no “net accumulations” that would remain even if the patient had lived to a normal life expectancy.
A wrongful death case is also brought on behalf of the “statutory beneficiaries,” i.e., the surviving spouse and children, including step-children, to compensate them for what they have lost as a result of the death. Adult children fall in that category as well. With rare and limited exceptions, losses suffered by other family members, such as parents and siblings, are not compensated in Washington State.
That means that the death of a patient who reached his/her eighteenth birthday, unless he/she is married or has children, will ordinarily not give rise to a wrongful death claim. There have been many sad cases of young adults living at home who die because of gross negligence, causing great anguish and grief for the parents who must then be told that there are almost no damages that can be sought in a wrongful death claim. For several decades, the Washington State Association for Justice (the organization of plaintiff’s attorneys) has sought changes in Washington law to plug this tragic gap in our wrongful death laws, but to date those efforts have not been successful.
If a beneficiary is a minor child, any settlement of a wrongful death claim must be approved by the court after investigation by a court-appointed “settlement guardian ad litem.” The court has authority to modify or approve the distribution of settlement proceeds and the amount of attorney’s fees and costs incurred in the claim. It also will direct how the minor’s proceeds will be handled during the child’s minority, such as by placing them in a blocked bank account or purchasing an annuity to pay money to the minor after he/she reaches the age of 18.
Under Washington law, damages for “grief” may not be sought in a wrongful death case except in cases involving the death of a child. The damages are considered “fixed” at the time of death, and wrongful death lawsuits typically focus on the decedent and his/her qualities as a spouse or parent, and the jury then places a value on the losses suffered by the beneficiaries. The fact of re-marriage by a surviving spouse is not admissible at trial.
