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Why Hospitals and Doctors Get Sued for Wrongful Death

Wrongful Death Lawyer

If your loved one passed away unnecessarily at the hands of a negligent medical professional, chances are you’re wondering about filing a wrongful death lawsuit. There are many reasons one might pursue a lawsuit, and there are different parties responsible for each individual situation.

When Suing a Hospital Is Correct

The hospital isn’t always liable when it comes to wrongful death. The situation has to qualify by meeting certain requirements. For example,

  • The individual who was negligent would have to be an actual employee of the hospital.
  • The hospital would have to be proven negligent in supervising or hiring employees, management or even equipment maintenance.

If your case doesn’t follow those two points, you may not have a case. For example, if the surgeon you feel is responsible for your loved one’s death was an independent contractor simply working in the hospital, you could go after the surgeon but not the hospital. One exception would be if the surgeon had a history of malpractice and the hospital knew it when they signed a contract with him. You could possibly have a case against the hospital, as well as the surgeon, in that situation.

Common Types of Medical Malpractice

There are a few common reasons physicians are sued for wrongful death. They include surgical errors, negligence in pregnancy, prescription mistakes and misdiagnosis. In many cases, the doctors themselves are sued, as they are independent contractors, though they are sometimes employed by the hospital.

Nurses are often employed by the hospital, making the common reasons they are sued, reasons to sue the hospital as well. Some of those nursing errors include patient monitoring issues, improper medication administration, failure to report complaints to doctors, patient chart issues and failure to monitor the patient for bed sores.

There are also some reasons to sue that are specific to the hospital. In such cases, the physicians would typically be safe from a lawsuit. These include:

  • Understaffing
  • Failing to screen healthcare professionals before hiring
  • Patient safety
  • Keeping incompetent employees on staff
  • Neglecting health and safety protocols

Contacting Your Attorney

Whether you feel your loved one’s death was unnecessary due to negligent actions of the physician, the nurses, the hospital or all three, you deserve to be compensated to help pay those expenses. A wrongful death attorney can help you understand who to sue, what damages to sue for and how to move forward with the process. Contact your wrongful death attorney in Hillsville, VA today to get started with a lawsuit.



Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury claims and how hospitals and doctors can be involved with a wrongful death.