Can You Sue a Hospital for Wrongful Death?
June 24, 2024
If a loved one died at a hospital and it looks suspicious to you, you may wonder, can you sue a hospital for wrongful death? You may have a wrongful death claim if the person is a close family member and there’s evidence of negligence or a wrongful act. These can be very complicated cases, so a prompt and thorough investigation is key to determining your legal rights.
Understanding Wrongful Death
What is a wrongful death lawsuit? Pennsylvania law states that a wrongful death claim . . .
- Can recover damages for the death of an individual
- May be filed when a wrongful act, neglect, unlawful violence, or negligence of another caused the death
- May not include damages recovered by the deceased during his or her lifetime
- Would combine any prior legal actions for the injuries with the wrongful death claim.
A wrongful death can occur in a variety of circumstances and is sometimes charged criminally. When it is, the outcome of the criminal proceedings is not binding upon the wrongful death case. In other words, if the criminal case results in an acquittal, the wrongful death claim may still proceed and win a judgment for compensation.
Can You Sue a Hospital for Wrongful Death?
Yes, you can sue a hospital for wrongful death. However, your wrongful death lawyer must present a valid theory of liability. In wrongful death cases, liability requires negligent, reckless, or intentional acts that lead to unlawful killings. Your attorney would have to point to a qualifying act on the hospital’s part that led to the death. They must also demonstrate that the hospital had a duty of care over the deceased.
Qualifying acts by a hospital that could sustain a wrongful death case might include:
- Premature discharge of patient
- Negligent hiring
- Inadequate staffing
- Lack of standard equipment and resources to treat patients
- Unsanitary conditions leading to fatal infections or conditions
- Lack of proper security measures
- Negligent triage
- Inpatient intake errors
- Failure to monitor.
Hospitals may also be held vicariously liable for the actions of their employees. For example, if a surgeon employee of a hospital negligently operates on a patient and the patient dies, the hospital can be listed on the wrongful death claim as vicariously liable for the actions of the negligent surgeon.
If the hospital claims the doctor who made the mistake isn’t an employee, it could still be liable if the facts show that the doctor, under the law, is actually an employee despite the label the hospital uses. If the hospital controls the doctor’s hours or schedule, his or her vacation time, or the fees the doctor charges, the doctor may be a hospital employee.
A hospital could also be sued if it knew of prior mistakes and medical malpractice by the doctor but acted negligently by allowing him or her continued access to the hospital.
If medical staff like nurses, technicians, and support staff acted negligently while performing their jobs and caused the death, the hospital is probably liable, because employees usually fill these jobs. If the employee was directly supervised by a physician when the negligence happened, the physician, not the hospital, may be liable.
Damages in a Case Involving Wrongful Death in a Hospital
When a wrongful death occurs, the personal representative (executor) of the decedent’s estate is the only person authorized to file a wrongful death lawsuit on behalf of the deceased. If the lawsuit or claim yields compensation, the proceeds will be distributed among specific family members of the decedent, who are:
- The spouse
- The surviving children
- The parents.
No other relative is entitled to receive compensation from a wrongful death lawsuit in Pennsylvania. With that being said, funeral and burial expenses, as well as hospital, medical, and administrative costs related to the wrongful death, can be recouped through a claim by the personal representative.
Damages in a wrongful death lawsuit against a hospital may include:
- Funeral costs and expenses
- Medical and hospital costs and expenses
- Expenses related to the administration of the estate
- Lost wages and benefits
- Loss of household services, comfort, and guidance.
A wrongful death claim might also include punitive damages, which are a penalty from the court for outrageous conduct that is evil or in reckless disregard of the rights of others.
Many Mistakes Can Happen in a Hospital. Anyone Responsible for Patient Care Could be at Fault.
Just because your loved one died in a hospital, this doesn’t mean there’s a basis for a wrongful death claim against it. Facts will determine what legal claims, if any, can be brought. We can start an investigation into your family member’s death after we’re retained. We need to be thorough and thoughtful before suggesting that a lawsuit should be filed. This takes time, so if your loved one’s death seems suspicious to you, you should contact our office sooner rather than later.
Our investigation can uncover the cause of death and who may be responsible. Many things can go wrong when someone is hospitalized. The facts may show that there was no negligence and no valid reason to file a legal action. But mistakes often happen in hospitals, and some of them can have deadly results. One or many people could be negligent:
- Physicians
- Surgeons
- Pathologists
- Radiologists
- Nurses
- Laboratory personnel
- Pharmacists and pharmacy staff.
Security personnel, maintenance staff, and cafeteria workers may also commit negligence that leads to wrongful death.
Our Understanding Philadelphia Attorneys Are Here for You
If you believe a loved one suffered a wrongful death in a hospital, a lawsuit is an option worth thinking about. Our skilled attorneys at Wapner Newman will answer all your questions, discuss how the law may apply in your case, and talk about what legal claims may be worth pursuing. Call our Pennsylvania law office at (215) 569-0900 to schedule a free consultation. We understand what you are going through. We will work hard to get you the compensation you deserve for the loss of your loved one.