What Happens When Medical Malpractice Leads to Wrongful Death?

Apr 16, 2018 Legal Blog    Medical Malpractice    Ohio Personal Injury    Wrongful Death

Posted by: Kisling, Nestico & Redick, LLC

Healthcare professionals who harm patients because of their negligent actions can be accused of committing medical malpractice. But when the patient dies as a result of malpractice, the decedent’s family may decide to sue the individual or their place of employment for wrongful death. If you or a loved one has been injured at the hands of a medical professional, or if your loved one died as the result of a health care professional’s negligent actions, contact the Ohio personal injury attorneys of Kisling, Nestico & Redick at 1-800-HURT-NOW to schedule a free and confidential case consultation.

When Medical Malpractice Becomes Wrongful Death

Medical malpractice can cover a host of improper actions, including:

  • Surgical errors
  • Misdiagnosis
  • Late diagnosis
  • Incorrect diagnosis
  • Improperly administered or prescribed medication
  • Incorrect charting

When determining a medical malpractice case, there are four important points that must be proven:

  • You were treated by the health care professional.
  • The health care professional had a duty to treat you to the best of their abilities.
  • The health care professional failed to meet their duty of care.
  • You were hurt because of the negligent treatment from your health care professional.

If your loved one’s injuries were so severe that they died, then medical malpractice becomes wrongful death.

What Damages are Available in a Wrongful Death Lawsuit?

An immediate family member will often file a wrongful death lawsuit on behalf of their deceased relative. The damages you can seek in these situations include funeral and burial expenses, loss of the decedent’s income, loss of companionship, mental anguish, and loss of a potential inheritance from the decedent.

Is the Hospital Liable?

When determining who is responsible in a wrongful death case, there are potentially two parties who may be liable:

  • The doctor, nurse, or other medical professional whose negligent actions directly caused your loved one’s death
  • The hospital that employed the medical professional who caused your loved one’s death

If the health care professional who was responsible for the wrongful death of your relative was an employee of a hospital, you can bring the suit against both the employee and their employer. Doctors and nurses are often independent contractors who work with hospitals. If the negligent party is not an employee of the hospital, the hospital may not be liable for their actions.

Hospitals can be held liable because they either failed to properly vet their employee, neglected to outfit their facility with properly-working equipment, or ignored their duty to oversee the medical care being provided at their facility

Talk to Our Medical Malpractice Lawyers about Your Wrongful Death Case

It can be devastating to lose a beloved family member because of a mistake made by their health care team. You shouldn’t have to stress about money for funeral expenses or loss of income while you’re grieving. In this situation, you should turn to Kisling, Nestico & Redick. We have a team of experienced medical malpractice lawyers and wrongful death attorneys who will research the details of your case and fight for your right to fair compensation.

Contact us today at 1-800-HURT-NOW to schedule a free consultation.

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