Can You Sue a Hospital for Wrongful Death?

Can you sue a hospital for wrongful death? The answer to that question is a big “YES.” If your family member died as a result of medical negligence, the hospital may be held liable, depending on the specific circumstances. Doctors, nurses, medical technicians, and other healthcare employees may be named in the wrongful death lawsuit if they caused the careless injury that led to your loved one’s death.

Unfortunately, bringing a legal claim for wrongful death can be a complicated undertaking. Beyond the complexities of wrongful death lawsuits, pursuing damages while also mourning your loved one can be overwhelming. It’s normal to have numerous questions and be consumed by uncertainty during this difficult time in your life. We understand your fears and are here to provide the answers you seek.

Are you considering a wrongful death lawsuit against a negligent doctor or the hospital where your loved one passed? You’ll find all the essential information you need in this article. If you’re still questioning whether your claim is viable, our office can help you determine that.

Why hire our medical malpractice attorneys at Terry Bryant Accident & Injury Law?

Terry Bryant has been certified by the Texas Board of Legal Specialization in personal injury trial lawy, and he understands medical malpractice law inside out. While many law firms take pride in only their experience as personal injury attorneys, we offer more than that. Our comprehensive legal services are second to none. We’re dedicated to offering you the best legal help possible from the beginning to the end of your case. This is reflected in our massive successes in handling cases similar to yours over the years.

Bring your medical malpractice issues to us for compassionate care and real results. You’ll be glad you did.

Under What Circumstances Can You Sue a Hospital for Wrongful Death?

A hospital may be held partly or wholly liable in a wrongful death claim if a doctor, nurse, or other employee’s negligence led to a patient’s death. Common types of medical negligence by healthcare providers that can lead to injury and death include:

• Surgical mistakes
• Misdiagnosis of diseases or conditions
• Failing to recognize symptoms or signs of diseases or conditions
• Medication errors
• Anesthesia errors
• Mistakes during childbirth
• Failing to properly monitor vital signs
• Not correctly entering records in patient charts.

When one of these mistakes happens, and someone dies as a result, potential claims may be brought against the various medical providers and/or the hospital/facility. An experienced medical malpractice lawyer will help determine which parties should be held accountable. They’ll also help you understand any compensation caps that apply to your claim and the role of malpractice coverage and insurers.

In addition to being named in their employees’ negligence lawsuits, hospitals may be sued for their own negligence. Instances for which they can be sued include:

• Understaffing
• Poorly maintained equipment
• Failure to provide oversight in ensuring basic safety protocols are followed related to sanitation
• Administering wrong medications.

If a loved one’s death results from the above issues, you should contact a wrongful death lawyer at (713) 973-8888 immediately.

When are hospitals probably not liable in wrongful death cases?

It’s important to point out that doctors working at hospitals are often considered independent contractors. They commonly use hospital facilities to perform surgeries and other procedures, rather than working as direct employees of the actual hospitals. The hospital may not be liable when doctors who cause wrongful deaths are independent contractors.

However, there can be a fine line, however, between an independent contractor and an employee of a hospital. Among other things, the distinction can depend on how much control the hospital has over the provider’s day-to-day activities.

Determining whether a provider who causes an injury, or worse, is truly an independent contractor is a complex undertaking. It requires a careful examination of the contract between the two parties. Fortunately, our seasoned Texas medical negligence attorneys with experience in wrongful death cases can advise you on your potential case.

What exactly is medical malpractice leading to a wrongful death lawsuit?

Sometimes, medical errors occur in hospitals, and patients suffer injury or death—but not every medical error equates to medical malpractice. For a medical mistake to rise to the level of malpractice, negligence must be proven. Simply put, negligence occurs when the medical personnel or hospital falls short of the standard of care expected of other medical providers under similar circumstances.

Medical negligence that leads to injury or death can be extremely difficult to prove, so it’s advisable to consult with our experienced attorneys if you believe you have a medical malpractice case against a hospital or healthcare provider.

Who can sue a hospital for wrongful death in Texas?

In Texas, surviving spouses, children, and parents of the deceased may bring wrongful death suits against medical providers. Whether as a single family member or a group, they must file a legal claim within three months of the wrongful death. Otherwise, the deceased person’s estate administrator or executor may file a claim on behalf of the estate.

Typically, unless an exception applies, the statute of limitations for wrongful death claims in the state is two years from the date of death.(*Always speak with an attorney to learn the exact deadlines that apply to your potential claims.) Beyond the deadline for filing suit, other critical deadlines may apply to your claim. Therefore, it is essential that you speak directly with an attorney.

What damages can be pursued in a wrongful death claim?

Compensation in a wrongful death claim can include:

• Lost future earning capacity
• Lost inheritance
• Lost love, companionship, and comfort
• Lost support, care, advice, and counsel.

The compensation awarded in a wrongful death lawsuit is typically divided among survivors. This is usually in proportion to the amount of harm the court determines each survivor suffered as a result of the death.

Did your family member suffer a wrongful death in a hospital? We can help!

Did your family member suffer a wrongful death in a hospital or other medical facility? We understand your pain.

Fortunately, we can help you and your family seek the compensation you deserve for your loss.  Contact us at  Terry Bryant Accident & Injury Law now. You can use our online form, or call us today at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.