Can You Sue a Hospital for Wrongful Death?
April 18, 2018 | Wrongful Death
If a person dies because of a medical personnel or hospital’s negligence, the surviving family members of the victim could be eligible to file a wrongful death claim against several parties, including the nurse, doctor, or medical facility. If you have lost a family member because of another person’s negligence, and are unsure whether you can sue a hospital for wrongful death, an experienced lawyer can analyze the situation, determine who is liable, and recommend the best way to proceed with your case.
What is Medical Malpractice?
Medical personnel and facilities are required to provide a certain level of care when treating patients. If a nurse or doctor is negligent, or a facility doesn’t provide a certain standard of care, and a person dies because of this, the victim’s family has the right to file a wrongful death claim and recover damages for their family member’s sudden death. Most often, claims are filed against the negligent nurse or physician, but in some cases, the hospital can be sued for damages.
It can be difficult to determine who you are eligible to sue for wrongful death and what damages you could be eligible to claim on behalf of your loved one, but with a wrongful death lawyer by your side, the process is simplified. A lawyer can assess your case, determine who is responsible for your family member’s death – whether it’s an individual or multiple parties, – help you gather evidence, and file a compelling wrongful death claim to obtain damages for your loved one’s pain and suffering.
Medical malpractice claims can be difficult to navigate without adequate legal knowledge. Medical facilities and personnel are heavily insured, and without a lawyer by your side, it can be impossible to recover full compensation for your family member’s unexpected death. A lawyer can protect your rights, ensure that you have a compelling claim, and defend your case against the party responsible for the victim’s death.
When is a Hospital Liable for Wrongful Death?
More often than not, the liable party in medical malpractice cases is a negligent nurse or doctor. Most doctors have medical malpractice insurance policies that kick in if a patient is injured or killed during a procedure, but this doesn’t generally apply to the medical facility the procedure was performed in. The most common scenarios where the hospital is eligible to be sued for wrongful death, in addition to or in place of medical personnel, includes:
- When there is a failure to ensure that its medical personnel is knowledgeable, safe, and licensed
- If there is a lack of patient safety
- If the facility isn’t properly sterilized and doesn’t meet the required standard of cleanliness specified under medical care guidelines
- When the hospital fails to fire or suspend negligent medical personnel
- If there is a lack of knowledgeable staff or the facility is severely understaffed in general
Proving that a hospital or medical personnel are liable for a victim’s damages is a similar process. There must be proof of a doctor-patient relationship, evidence of malpractice, a copy of the autopsy or a death certificate, and proof that the victim’s surviving family members have experienced a loss of income or other harm because of their family members’ death.
In the wake of a family member’s death, it can be challenging to keep track of the different elements that need to be present when filing a wrongful death claim, but a wrongful death lawyer can help you gather evidence, provide support, and ensure that your case is protected from the other party involved. The other party’s insurance agent could attempt to take advantage of your family’s vulnerability, but an experienced lawyer can protect your rights and ensure that you are taken care of.
Talk to a Lawyer About Your Medical Malpractice Case Today
If you have lost a family member because of a medical personnel or hospital’s negligence, you could be entitled to recover compensatory damages for the victim’s death, but it’s vital to have an experienced lawyer by your side to recover full compensation.
If you need a Medical Malpractice Lawyer to help you sue a hospital for the wrongful death of a family member, or determine whether you can sue a negligent nurse or doctor, contact the Dixon Injury Firm today to discuss your case. Our lawyers offer free consultations to make our services accessible and will do anything it takes to recover the most damages for your family member’s wrongful death.