wrongful death

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Death caused by negligence or other wrongful act

wrongful

Forensic medicine An adjective with considerable medico-legal currency, used in several contexts. See Negligence.
Wrongful
Wrongful death An event that is usually regarded as negligent. See Negligence.
 Wrongful birth An event resulting from the failure of a contraceptive or sterilization procedure, eg fallopian tube liagation, failure to diagnose pregnancy, or an unsuccessful attempt to abort a conceptus.
Wrongful life An event in which legal action may be taken by–or on behalf of the baby suffering from a hereditary or congenital defect, eg Down syndrome or other disease, eg rubella, who would not have been born had the parents had the knowledge to opt for an abortion; WL represents either the failure to diagnose in utero a condition that would lead to a major life-long handicap or recognize such a condition in a sibling, allowing a 2º, similarly afflicted, child to be born; the child is the defendant named in a lawsuit initiated to defray the incurred and anticipated medical, nursing and related health expenses; in both WB and WL, the defendant may be liable for support and care of the infant from 'cradle to grave'

wrongful death

Loss of life caused by negligent, illegitimate, or illegal acts.
See also: death
References in periodicals archive ?
Wilson, the Supreme Court of Missouri held in the instant case that Appellants' wrongful death claim under section 537.
The chain of decisions beginning in the seventeenth century and spanning across the continent, the writings of such scholars as Professor Malone, and comment k to [section] 925 of the Restatement indicates that there is a viable argument to be made that the right to bring a wrongful death claim is not dependent on statute.
In Gaudette, the court allowed a wrongful death claim to be brought under the wrongful death statute even though the statute did not provide the plaintiffs with any right to recover because the statute of limitations had run.
the court concluded that the policy excluded coverage for a wrongful death claim, because it stemmed solely from the bodily injury of an insured, which was defined to include death, stating that:
Bradley's wrongful death claim settled pre-suit for the available insurance policy limits, which had declined to $52,500.
47) Representatives of longshoremen may not assert a wrongful death claim under the general maritime law against the former employer, because the exclusive remedy for such claims is under the LHWCA; however, longshoremen may assert a wrongful death claim under general maritime law against non-vessel third parties.
2d) (wrongful death action not due to be arbitrated because arbitration agreement was not signed by representative pursuing wrongful death claim and holding wrongful death claim was "separate, new and distinct cause of action").
She also claimed that the new section did not affect her constitutional right to pursue a wrongful death claim, which is based on injury to the heirs of the decedent and not solely on injuries to the decedent.
The state Supreme Court of Mississippi declared that an unborn child could be considered a "person" in a wrongful death claim brought by a mother whose child died in a miscarriage.
In Ferguson, the court had to determine the appropriate limitations period where 'an heir in a wrongful death claim was a minor when the cause of action accrued, but whose claim against Cook County was not brought until her nineteenth birthday.
14) The Jones Act, which incorporates provisions of the Federal Employer's Liability Act (FELA),(15) provides a wrongful death claim to the survivors of seaman killed in the course of employment, whether on territorial waters or on the high seas.
In Paton, TC Memo 1992-627, the court ruled that even though the settlement documents for the payment did not mention any wrongful death or other tort-type claim, the company's intent was to settle a wrongful death claim.