Can hospitals be sued for a wrongful death?

A doctor, a nurse, or another provider, as well as the hospital that employs them, can be liable for your family member's death and therefore can be sued.

The family members of someone who died as a consequence of medical malpractice can sue for damages. Nevertheless, a claimant will need to prove that a healthcare provider acted wrongly and not in line with good practices.

Medical malpractice can be a wide range of situations. It is not just one common error or injury that is tried in medical malpractice. Medical malpractice is considered when a healthcare provider has acted negligently. So, these cases can look very different from one another.

These are just some examples of how a healthcare provider may commit this negligence, opening the doors for who can file a wrongful death lawsuit for medical malpractice in Florida:

  • failure to diagnose
  • missed laboratory results
  • surgical errors
  • unnecessary surgical procedures
  • wrong medications
  • insufficient aftercare

According to Florida Statutes, you have 2 years from the time of your loved one's death to pursue a wrongful death lawsuit resulting from medical malpractice. If you did not discover the cause of injury until later, you have 2 years from the date of discovery to file your lawsuit. You can hold doctors, nurses, and healthcare facilities responsible when medical negligence results in death. For instance, if your family member was the victim of a fatal medical malpractice injury, you could sue a hospital for wrongful death. Moreover, you can seek financial compensation on behalf of your loved one's estate and their surviving family members.

When medical negligence results in a patient's death, the surviving spouse, children, or parents can pursue a Florida wrongful death lawsuit. Your loved one's estate can recover losses your loved one could have pursued in a medical malpractice case had they lived. Furthermore, surviving family members can seek financial compensation for the impact the deceased's death has on their lives. Liability for your family member's fatal malpractice injury could rest with a doctor, nurse, or another provider, as well as with the hospital that employs them. Whether or not you choose to sue an individual or a facility often depends on your insurance.

Sometimes, the hospital's negligence, rather than a healthcare provider's, is the cause of medical malpractice. A hospital may be liable for wrongful death if it:

  • hired or failed to terminate incompetent, unsafe, or unlicensed caregivers
  • failed to enforce proper safety protocols
  • failed to sanitize equipment and facilities
  • failed to maintain medical equipment and devices
  • understaffed doctors, nurses, and other caregivers

How can The Law Offices of Sean M. Cleary help?

If your loved one was the victim of medical malpractice, The Law Offices of Sean M. Cleary will gladly help you file a wrongful death claim with the hospital of the healthcare provider, depending on who is liable for negligence. With over 20 years of professional experience, our attorney will strive to obtain the maximum financial compensation for you and the other surviving family members.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.