Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Can you file a wrongful death lawsuit against a hospital?

On Behalf of | Jul 8, 2022 | Wrongful Death |

When a loved one enters a Florida hospital, you expect them to come out better for their treatment. Sadly, it’s possible for something to happen that results in their passing. You should know when you can file a wrongful death lawsuit against a hospital.

What is a wrongful death?

A wrongful death occurs when a person dies as a direct result of negligence, recklessness or an intentional act such as murder. Usually, negligence is the cause, but when a wrongful death happens, the personal representative of the victim’s estate can file a lawsuit against the party who was responsible on behalf of the family. Action can be brought if the victim would have had a legitimate personal injury claim had they survived.

When can a hospital be held liable?

A hospital can be held liable for wrongful death if one of two scenarios occur. A lawsuit can be filed against a hospital if the person’s death occurred as a result of negligence on the part of a doctor, nurse or other health care professional who was employed by that hospital. The other situation that allows a hospital to be held liable is if the facility was negligent in the hiring process or with fixing and maintaining equipment used to diagnose and treat patients.

While these two situations both apply to a hospital being liable, the main reason why a wrongful death lawsuit is filed against a hospital is medical malpractice committed by a doctor or other medical professional. Medical malpractice occurs when the treatment provided is far below the expected standard of care from any other medical professional or when the patient dies. In that case, the medical professional and hospital could be named in the wrongful death lawsuit.

Losing a loved one to wrongful death is one of the worst experiences anyone can endure. If you are in this situation, you have every right to hold the hospital liable.


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