Hospitals are staffed with doctors, nurses, and other healthcare providers that are trained to diagnose and treat serious illnesses and injuries. But unfortunately, these healthcare providers often make mistakes that cause a patient harm or result in premature death. If someone is killed as a result of a healthcare provider’s mistake, the victim’s family members can file a wrongful death claim. But, who would be the defendant in this case? Can you file a wrongful death lawsuit against a hospital? Here’s what you should know:
Wrongful Death & Medical Malpractice
If someone passes away in a hospital, the victim’s family members can only file a wrongful death lawsuit if they can prove that the victim’s death was caused by medical malpractice. A healthcare provider commits medical malpractice when his treatment of a patient falls below the accepted standard of care and the patient is injured as a result.
For example, let’s say a doctor is examining a patient in the emergency room who is complaining of tightness in the chest and pain in his left arm. Most doctors in this situation would recognize that the patient could be having a heart attack. This would prompt them to order further testing to confirm the diagnosis and immediately begin monitoring the patient’s condition. However, if a doctor tells the patient he is simply experiencing indigestion without performing any tests, the doctor’s treatment is falling below the accepted standard of care. If the patient has a heart attack shortly after this misdiagnosis, the doctor could be held liable for medical malpractice.
When is a Hospital Liable?
Healthcare providers are typically held liable for medical malpractice that results in death, but in some cases, hospitals can be held liable as well. A hospital can be held liable if any of their employees commit medical malpractice, including doctors, surgeons, nurses, and other healthcare providers. But, if the healthcare provider who committed malpractice is an independent contractor, the hospital is usually not held liable.
Hospitals can also be held liable if their negligence in hiring or supervising employees caused a person’s death. For instance, if a hospital hired a nurse without verifying her credentials, the hospital can be held liable if the nurse commits medical malpractice that results in someone’s death.
Wrongful death cases involving medical malpractice are incredibly complex, which is why it’s important to work with an experienced attorney. The wrongful death attorneys at Reisch Law Firm have the legal resources and expertise to handle these challenging cases. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
