Can You Sue a Hospital for Wrongful Death

Each state has certain guidelines establishing a hospital’s liability in a wrongful death case. When a hospital’s employees provide negligent medical care that result in a loved one death, you can sue the hospital for wrongful death. However, this case is complex and requires analyzing documents and medical records, questioning medical providers, and consulting with doctors and witnesses.

Who To File A Wrongful Death Claim Against A Hospital?


If you think a family member died because of negligence, you can file a wrongful death claim against a hospital. In most cases, a wrongful death claim would be filed by the surviving:


  • Child
  • Spouse
  • Parents
  • Brother or sister 


The deceased family can file a claim for the following forms of negligence:


  • Misdiagnosis
  • Failure to treat
  • Negligent care of the patient
  • Giving wrong prescription drugs
  • Negligent errors during surgery
  • Giving the patient the wrong dosage

How Much Can You Expect After Suing A Hospital?


If the case goes to trial, the settlement amount depends on the claims brought when you sue a hospital for wrongful death. You can file a claim for a loved one’s wrongful death under the Survival Act and the Wrongful Death Act, which allows compensation for:


  • Medical expenses
  • Pain and suffering
  • Loss of a normal life
  • Loss of household care
  • Loss of care and affection
  • Lost past and future wages
  • Sorrow, grief, and mental suffering

What Are The Chances Of Winning?


Your chance of winning a lawsuit against a hospital is highly dependent on the facts of the case. Each case requires its investigation, analysis, and consultation. The evidence involves complex medical records and expert witnesses that may be difficult for deceased families to understand.

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