The unexpected death of a patient in a hospital setting raises difficult questions. When evidence suggests medical negligence played a role, families often grapple with complex emotions and uncertainty about how to proceed. At Susan Kang Gordon, A Professional Law Corporation, we understand the complications of these cases and the importance of seeking justice.
In this article, we'll guide you through the process of filing a lawsuit against a hospital. Our wrongful death attorney has helped numerous Bay Area families pursue justice in similar situations. While legal action can't erase your loss, it can provide a path to accountability and potentially prevent future tragedies.
Understanding Wrongful Death in a Hospital Setting
When someone dies due to another party's carelessness or deliberate actions, it's classified as a wrongful death. This legal concept falls under personal injury law, but with a crucial difference: the victims can't seek justice themselves. Instead, their family or estate representatives step in to file the claim.
These lawsuits aren't limited to a single scenario — they can arise from various instances of negligence in hospitals, nursing homes, and other healthcare settings. California law supports those who believe a hospital or its staff's oversight contributed to their loved one's passing, giving them the right to pursue legal action.
Common Causes of Wrongful Death in Hospitals
Wrongful death cases in hospitals often arise from:
- Medical malpractice: Errors made by treating physicians or other medical professionals, such as misdiagnosis, medication errors, or surgical mistakes.
- Inadequate patient care: Failure to monitor the patient’s vital signs, recognize symptoms of distress, or provide necessary medical care.
- Hospital administration failures: Issues such as understaffing, lack of proper training, or failure to maintain adequate medical equipment.
Medical professionals have a duty to treat patients with the same degree of care as any other reasonable healthcare provider. When they violate this duty of care, they can be held responsible for injuries or deaths that result
Medical Malpractice vs. Wrongful Death
Medical malpractice happens when healthcare providers deliver care that doesn't meet professional standards, resulting in patient injury. If this substandard care leads to a patient's death, it can constitute a wrongful death.
However, these concepts aren't always interchangeable. Every hospital-related wrongful death case involves some form of medical malpractice, but not every instance of medical malpractice ends in a wrongful death claim.
Many patients survive despite experiencing subpar care. Grasping this nuance is key when you're weighing your legal options against healthcare providers or institutions.
Who Can File a Wrongful Death Lawsuit Against a Hospital in California?
When pursuing a wrongful death lawsuit, the responsibility often falls to close family members. Under California law, the following individuals have the legal right to file a wrongful death lawsuit against a hospital:
- The deceased's spouse typically holds the primary right to file.
- Registered domestic partners share this privilege.
- Both biological and adopted offspring of the deceased may pursue legal action.
- In cases where the deceased's children have also passed away, grandchildren can step in.
- Stepchildren or other minors who relied on the deceased for at least half of their financial support are eligible to file.
When no closer relatives exist, individuals who would inherit under California's intestate succession laws may bring a claim.
Who Is Liable in a Hospital Wrongful Death Case?
Wrongful death cases involving hospitals can implicate various parties, depending on the specific circumstances. The hospital itself may be held accountable if its policies, practices, or inaction contributed to the patient's death. This responsibility can manifest in several ways:
Hospital Staff
When directly employed staff, such as doctors, nurses, or other healthcare providers, act negligently, the hospital may bear responsibility. This could include scenarios where a nurse administers incorrect medication or a doctor overlooks a critical diagnosis.
Systemic Failures
Hospitals might also face liability for broader issues like:
- Poor hiring practices: If a hospital hires unqualified or incompetent medical professionals who later commit negligent acts, the hospital can be held responsible.
- Inadequate supervision: Failure to properly supervise medical staff, particularly those who are less experienced or working in high-risk areas, can lead to negligence claims.
- Lack of proper maintenance: If a patient dies due to faulty medical equipment or an unsafe environment, the hospital may be liable.
- Failure to implement safety protocols: Hospitals must follow strict safety protocols, including proper sanitation, infection control, and established procedures.
Documenting evidence of systemic negligence in the hospital where your loved one passed away can help your lawyer build a strong case.
Independent Contractors
While hospitals generally aren't responsible for independent contractors' actions, there are exceptions. If the hospital exerts considerable control over a contractor's work and decisions, it might be liable for the contractor’s actions.
Additionally, credentialing negligence can occur when a hospital knowingly permits an unqualified or incompetent contractor to practice. If this results in a patient's death, the hospital can be held accountable.
How to Prove a Wrongful Death Case Against a Hospital
To successfully pursue a wrongful death lawsuit against a hospital, the plaintiffs must establish the following elements:
Duty of Care
This means that the hospital was legally bound to provide a specific level of care to the patient. The duty of care encompasses ensuring medical staff perform competently and maintaining a safe, functional environment.
Breach of Duty
The hospital fell short of the required care level, either through staff actions/inactions or systemic shortcomings. Examples include subpar medical treatment, understaffing, insufficient training, or neglecting facility and equipment maintenance.
Causation
A clear connection must be established between the hospital's shortcomings and the patient's death. This requires robust evidence, such as medical records, expert insights, and relevant documentation demonstrating how the hospital's negligence directly led to the fatality.
Damages
The death must have resulted in concrete losses. These may include medical expenses, funeral costs, lost income, and the family's emotional distress. Plaintiffs must show these losses stem directly from the hospital's actions or oversights.
Hold the Hospital Responsible
If you believe a hospital's negligence led to your loved one's death, it's time to take action. Contact Susan Kang Gordon, A Professional Law Corporation today to discuss your case and begin building a case that recognizes the full impact of your loss.
What Compensation Can You Recover in a Hospital Wrongful Death Lawsuit?
When pursuing a wrongful death lawsuit, plaintiffs may seek several types of compensation:
Economic Damages
This addresses concrete monetary losses, including medical expenses incurred before death, costs associated with funeral and burial, and the projected future earnings of the deceased. Close family members, such as spouses, children, and sometimes adult offspring, can also claim compensation for financial hardships resulting from the loss.
Non-Economic Damages
These awards acknowledge non-monetary losses, such as the family's emotional anguish, the absence of companionship, and overall diminished quality of life. While these damages are more challenging to quantify, they form a crucial part of wrongful death claims.
California’s Statute of Limitations for Hospital Wrongful Death Lawsuits
California law imposes strict time limits for initiating a hospital wrongful death suit. Typically, you have two years from the date of death to file. However, if medical malpractice underlies the claim, this window may shrink to one year from when the family discovered or reasonably should have identified the cause of death or three years from the death — whichever is earlier.
These deadlines are non-negotiable. Missing them can permanently forfeit your right to seek compensation. Given these rigid timeframes, it's crucial to engage a wrongful death lawyer promptly after your loved one's passing.
What to Do If You Suspect a Wrongful Death Occurred in a Hospital
When you believe hospital negligence led to your loved one's death, taking prompt action is crucial for a potential wrongful death action:
Gather Evidence
A compelling case against a hospital found liable hinges on solid evidence:
- Obtain and scrutinize all pertinent medical records to reveal deviations from standard care protocols and other critical details indicating negligence.
- Enlist medical experts to testify about proper care standards, how the hospital fell short, and how these shortcomings resulted in the person's death.
- Collect statements from witnesses, including hospital staff, other patients, or visitors, who observed events leading to the fatality.
- Compile records of all death-related expenses, including medical bills, funeral costs, and proof of lost income, to accurately calculate damages.
At Susan Kang Gordon, A Professional Law Corporation, we’re adept at obtaining the evidence we need to build a case on your behalf.
Consider an Independent Autopsy
An autonomous post-mortem examination can provide vital insights into the cause of death, potentially uncovering evidence of medical negligence that might otherwise go unnoticed.
Seek Legal Counsel
Engaging a wrongful death attorney early on is crucial. Our legal team at Susan Kang Gordon can guide you through the intricacies of building a case, ensuring you understand your rights and helping to construct a robust argument against the hospital.
Your Path to Justice and Accountability
This article offers a general roadmap for those considering legal action against a hospital for wrongful death, but it's important to remember that every case has its own complexities.
We focus on supporting families who are grappling with the loss of a loved one due to hospital negligence. Our legal team is dedicated to walking you through each phase of the process, from the initial fact-finding to the final verdict.
If you suspect that substandard hospital care contributed to your family member's passing, you don't have to navigate this difficult period on your own. We're here to evaluate your case and discuss your options to sue the hospital if warranted.
Contact us today to schedule a complimentary, no-obligation consultation. We know how devastating it can be to lose a loved one due to negligence, and we’re here to support you on the path to justice. Let us help you understand your rights and options for holding negligent healthcare providers accountable.
