When we trust a medical professional or hospital with the life of our loved one, we expect the best medical care possible. Unfortunately, sometimes medical professionals or their facilities are negligent, and patients die. It happens more often than you might think.
Johns Hopkins University recently found that medical errors cause more than 250,000 deaths in the U.S. annually. Most states allow the grieving family to file a wrongful death claim for medical malpractice when that happens.
You aren’t alone if your relative died recently because of a medical professional’s or hospital’s negligence. Nix Patterson’s wrongful death medical malpractice lawyers may be able to assist in your situation. If your case can be proven, you could receive compensation for medical bills, funeral expenses, loss of future earnings, and more.
To make a strong claim for wrongful death medical malpractice, you must prove the doctor’s or hospital’s treatment was incorrect or inadequate. In some cases, other doctors could testify about the mistakes the doctor made and what they would do differently. Some of the most common doctor and hospital errors that lead to wrongful death include:
An improper diagnosis or the absence of one is called a misdiagnosis. It could happen because your loved one was prescribed the wrong drug or an improper dose, or the doctor failed to treat an injury or illness. A common misdiagnosis that may lead to death involves various types of cancer initially mistreated as less severe conditions, such as when lung cancer is misdiagnosed as pneumonia.
Many kinds of surgical mistakes lead to wrongful death claims. Surgery is complex and can go dreadfully wrong for many reasons, such as too much anesthetic, unsterilized instruments, perforating the bowel and causing infection, and even operating on the wrong body part.
Medical professionals often count the items and tools used in surgery to ensure nothing is left in the body. However, these mistakes can happen, causing a potentially severe and sometimes fatal complication. Some surgical tools that may be left in the body are needles, scalpels, sponges, and surgical gloves.
Patients who get serious or fatal infections while having treatment at the hospital are common causes of medical malpractice wrongful death lawsuits. Unfortunately, hospital-acquired infections are a common source of severe illness and death.
Wrong medications and dosages are common causes of medical malpractice injury and death. Some wrong medications that may lead to death involve insulin, opioids, allergic reactions to antibiotics, etc.
Physician and hospital carelessness could put the mother or baby in serious danger of injury or death. Sometimes, the doctor may not identify a medical issue that causes an infant’s injury or death.
In some cases, yes. The case may be considered wrongful death if an injury at the hospital causes a person’s death and the injury was because of neglect or recklessness. For example, you can sometimes file a wrongful death lawsuit against a hospital in Texas and many states. A wrongful death in a medical context might occur in one of these circumstances:
If your wrongful death medical malpractice lawyer can prove the medical professional or facility failed in their duty of care, you could receive compensation for your serious losses. However, not every wrongful death is necessarily because of hospital negligence. All states have rules and protocols to ensure that medical professionals and hospitals act responsibly, but you could have a successful lawsuit if they don’t. Some potential evidence that could be tied to hospital negligence includes:
Every state has different rules for filing a wrongful death case for medical malpractice. For example, Texas and many other states have laws saying that a decedent’s surviving children, spouse, or parents can file a wrongful death lawsuit. A personal representative can file the claim if those family members don’t file suit within three months of the death. Other states allow other family members to file wrongful death claims for medical malpractice, so ask your attorney about the rules for your area.
If a doctor or hospital did not care for a patient properly and a death occurred, they could be liable in a medical malpractice wrongful death lawsuit. Medical malpractice laws vary in every state, but we can say that the following facts must be proven for a successful case:
Certain family members may be eligible for compensation in a medical malpractice wrongful death claim. In many states, the parents, spouses, or children could claim some or all of these losses for a medical malpractice-related death:
It’s possible that a hospital could be sued successfully for a physician’s negligence that caused a patient’s death. To sue the medical facility in addition to the physician is possible, but it depends on the facts of the case. Your medical malpractice attorney could opt not to sue the hospital if the doctor carries sufficient medical malpractice insurance. Talk to your attorney about the case’s specifics to learn more.
If your loved one died because of a medical professional’s or facility’s negligence, you could be entitled to compensation for your financial and emotional losses. Nix Patterson’s wrongful death medical malpractice lawyers are here to fight for the most compensation for you, so please contact one of our attorneys today for a free consultation, and remember: We don’t get paid unless we win your case.
Nix Patterson only works on a contingency fee basis. Our clients pay us nothing unless we win. Schedule a free consultation today. Call 512.328.5333 or complete the form below.
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