The heirs, dependents, or estate representatives of a victim who passes away due to medical negligence committed in a hospital may bring a wrongful death claim against the facility. The wrongful death statutes of the State of California give the surviving family members of a victim the right to file a lawsuit against a hospital and receive financial compensation.
What Can Cause Wrongful Death in Hospital?
A variety of circumstances may cause a patient’s wrongful death. The following is included in this:
- The physician(s) and/or nurse(s) failed to treat the patient with care.
- The hospital neglected to hire and manage its staff correctly.
- The hospital lacked concern concerning maintaining equipment and monitoring how medical treatment is provided inside the building.
Liability in a Lawsuit Against a Hospital
Since doctors are independent contractors, hospitals are not liable for their employee’s negligent conduct. Finding the correct answer on whether a doctor or nurse is categorized as an employee in a hospital is challenging. Thus, it is necessary to look at employment contracts to determine how much control the hospital has over its work performance.
In general, the courts may regard a doctor or nurse as an employee if it can be demonstrated that the hospital has a significant influence over them. Therefore, get the help of a knowledgeable wrongful death attorney, who will look into your case and provide you with sound legal counsel.
Wrongful Death Caused by the Doctor
A doctor may engage in several behaviors that have the potential to constitute medical malpractice as a result of their careless acts. This comprises:
- Incorrect patient diagnosis
- Using the wrong drug or dosage
- Errors committed on a patient during surgery
- Careless handling of pregnancy or childbirth
In a lawsuit against a hospital, the hospital will be held accountable for the patient’s wrongful death if careless actions by a hired doctor cause the patient’s death.
To let patients know they are in good hands, nurses must give patients the highest level of professional care. But when caring for patients, nurses have made errors that have led to harm or even death. This comprises:
- Incorrect dose or pharmaceutical administration
- Giving medicine at an inappropriate moment
- Failing to inform the doctor of any symptoms or complaints the patient has
- Failing to monitor the patient’s vital signs properly
- Not making a follow-up call to see how the patient is doing
In a lawsuit against a hospital, they may also be responsible in several different ways. This comprises:
- Not letting go of careless or unauthorized workers.
- Improperly confirming that the healthcare providers have the necessary licenses.
Another significant aspect of negligence is a failure to offer safety guidelines. Employee hand washing, medication labeling and management, and finding strategies to prevent significant patient falls are all crucial hospital practices. Overall, a healthcare provider’s major priority is ensuring that every patient is safe before entering the hospital.
What Damages Can Be Recovered?
Damages suffered by the plaintiff as a result of the decedent’s passing constitute compensatory damages. Economic damages might consist of the following:
- The dead provided financial assistance to family members.
- Loss of advantages or gifts that a person anticipated receiving from a descendent
- Funeral costs
- The decedent receives fair payment for the housekeeping services she offers.
Non-economic harm to family members includes the following;
- Loss of friendship
- Loss of love, support, and assistance
- Loss of moral guidance
- Loss of companion
Kaass Law Experienced Wrongful Death Attorneys
Our knowledgeable team of wrongful death attorneys at Kaass Law will assist you in obtaining compensation for your losses if you lose a loved one due to someone else’s careless acts. This covers health care costs, missed pay, emotional anguish, and more.
Call us at (310) 943-1171 to arrange a consultation with a skilled and compassionate legal team member. You can also visit the website for information on other cases.