The unexpected death of a loved one can be a truly tragic event. A family can be left with traumatic emotional damage that can affect them for a lifetime. As well as the emotional damages, the loved ones of a deceased individual can be left with financial damages as well as a result of the possible medical expenses as well as the monetary funds to hold a proper service. Many of our clients who come into our law firm seeking representation for a wrongful death medical malpractice case will often ask, whether or not they can pursue legal action. To put it simply, yes, you can file a lawsuit against a hospital or other physician for the wrongful death of a loved one as a result of medical negligence; however, there are some details involved that you should know about first. For starters, it is incredibly important that you seek legal representation before pursuing your case. At the top-rated Normandie Law Firm, our skilled attorneys with experience in medical malpractice cases can assist you in filing a lawsuit against the hospital responsible for your, damages. If you have any questions after this article, please feel free to contact our top law offices for a free consultation. A qualified attorney with expertise in medical malpractice injury lawsuits will be able to get you started on the legal process.
Medical Malpractice
Medical malpractice is considered to be any medical mistake made by a physician that both breaches the standard of care provided to patients, and causes direct harm to said patient. Medical malpractice can arise during any procedure, from something as a trivial as an annual check-up from your regular physician to having intensive open heart surgery. Medical malpractice can also occur at any medical facility whether it be a corner store clinic or a multi-level hospital. For the purpose of this article, we will be focusing on whether or not a victim can sue a hospital or hospital staff for the wrongful death of a loved one as a result of medical malpractice. In order to provide some context, listed below are some of the common errors that can arise during a procedure:
- Failure to treat
- Missed diagnosis
- Understaffing
- Inadequate training of personnel
- Medication errors
- Unsanitary conditions
- Inadequate diagnostic tools
- Patient “dumping.”
- Wrong diagnosis
- Failed to diagnose
- Birth injury
- Object left inside patient
- Surgery errors
This is just a handful of the medical mistakes a physician can make, and many of them can lead to the wrongful death of the patient. Anyone who experiences the wrongful death of a loved one as a result of medical malpractice has every right to file a lawsuit not only against the physician but the establishment for which they work. All medical professionals are expected to uphold a level of care for all of their patients regardless of the situation. In the event that a medical professional or hospital fails to uphold this standard of care, they could possibly face a damaging lawsuit. You should enlist the help of an expert attorney who has experience handling medical malpractice claims.
How to Sue A Hospital For Wrongful Death?
Clients who come into our law firm seeking representation for their wrongful death medical malpractice case often ask a wide variety of questions that tend to crop up quite frequently. Some of these regularly asked questions are as follows:
- Can I sue a hospital for a death caused by negligence?
- How do I file a wrongful death medical malpractice lawsuit?
Starting with the first commonly asked questions, yes, as mentioned previously, you can sue a hospital for the death of a loved one as a result of the negligence of a medical professional. However, the process of filing a lawsuit can be incredibly tricky. This leads to the second question regarding the process of filing a wrongful death medical malpractice lawsuit. First and foremost, it is in your best interest to seek legal representation to better pursue your case. An experienced attorney can make the difference between filing a successful claim for compensation and having your case dismissed entirely. One of the obstacles an attorney can help you overcome is the process of proving a claim of negligence. Proving negligence is essential to any medical malpractice lawsuit, without it, the odds of receiving proper compensation are fairly slim. Listed below, are some of the key components required in proving a claim of negligence:
- The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove to that there was a physician-patient relationship. This relationship essential means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
- The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
- The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. In order to do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- Injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.
Beyond a successful claim of negligence, it is also important that you understand the nuances that come with filing a successful medical malpractice case. Every lawsuit has a series of requirements that an accomplished attorney who has experience in medical malpractice claims can help you navigate. Some of these underlying requirements include:
- Statute of Limitations: The statutes of limitations that surround any case are the specific deadlines wherein you can bring their case to court. If this deadline is ignored, then it is likely that you could find your case dismissed entirely. In most states, the time for bringing a medical malpractice case forward, is somewhere between six months and two years (depending on the state) a lawyer will help in determining the best time to submit your case.
- Medical Malpractice Review Panels: A number of states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients, however, it is an obstacle that must be overcome in order to take your medical malpractice case to court.
- Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
- Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases, it is someone who has experience in the same field of medicine that involved the patient’s injuries.
- Limits on damage awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case
Suing a hospital for the death of a loved one is no easy task. Hospitals often times have the resources to employ a whole host of legal experts to dispute any claim that you might try to make. For this reason, it is incredibly important to retain a lawyer experienced in hospital wrongful death cases to assist you in fighting and winning your case.
About Normandie Law Firm
If you or a loved one has experienced wrongful death as a result of the negligence of a hospital or hospital staff, you may be entitled to collect significant monetary compensation. At Normandie Law Firm, our attorneys with experience in medical malpractice cases can guide you through the often arduous process of filing a lawsuit against the hospital responsible for your damages. While our attorneys are based out of Los Angeles, we also practice in San Jose, Oakland, San Francisco, Sacramento, Fresno, San Diego, Orange County, Stockton, Bakersfield, and throughout the entire state of California.
FREE CONSULTATION: As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Call now for a free consultation by one of our experiened lawyers, and we can discuss the incident, the damages, the aftermath, and the best path towards earning you the compensation that you deserve.
