When a loved one loses their life in a hospital and evidence suggests there was carelessness in their medical treatment, difficult questions may need to be raised. Although a death in a hospital seems different than someone who loses their life in a motor vehicle accident, they are still both classified as wrongful deaths.
In California, there is legal recourse for families who have lost a loved one in a hospital due to medical oversight. To understand the proper recourse for legal action against a hospital, or any other type of medical facility, contact Maison Law today for a free consultation and case evaluation.
Causes of Hospital Wrongful Deaths in California
According to a study conducted by the School of Medicine at Johns Hopkins in 2016, there are a frightening 250,000 deaths due to medical mistakes in the United States. This number goes to show that wrongful death accidents occur within hospitals more than most people think. The most common wrongful death cases in hospitals are a result of:
- Medical malpractice: errors made by a treating physician or other medical professionals. These errors include:
- Misdiagnosis
- Medication errors
- Botched surgeries
- Unnecessary surgeries
- Delayed diagnosis
- Inadequate patient care: failure to attend to symptoms of distress or provide necessary medical care such as ignoring a patient’s failing vital signs.
- Hospital administration failures: understaffing, lack of proper training, or failure to maintain hospital equipment.
It is the duty of medical professionals to treat patients with a level of reasonable care to prevent further injury or death. When this duty of care is violated, they can be legally held responsible for damages.
Proving Medical Malpractice in a Wrongful Death Case in California
Medical malpractice occurs when healthcare providers deliver care that fails to meet professional standards, which results in injuries, permanent disability, or the death of a patient. If medical malpractice leads to the death of a patient, then it can be classified as a wrongful death. Every hospital-related wrongful death case involves some sort of medical malpractice, but not every malpractice case will involve a wrongful death claim. To prove medical malpractice you must be able to prove the following:
- A physician-patient relationship gave rise to a duty of care
- The physician was careless and breached their duty of care
- Their careless action or choices directly caused the plaintiff’s injury or death
- The careless act or choice caused actual damages such as pain, mental anguish, or loss of life
Proving these things will not only require an experienced medical malpractice attorney, but a medical “expert witness” to prove a medical error occurred. Almost all medical malpractice cases require expert witness testimony because most lawyers and plaintiffs do not have the knowledge or experience to reliably speak on proper medical procedures. In a trial, an expert witness is required to:
- Define the standard of care applying to the particular situation
- Offer a professional opinion on whether the defendant met that standard of care
- Testify how the defendant’s failure caused the plaintiff’s injuries
Experts will use medical publications, medical board guidelines, trade journals, textbooks, and similar materials to prepare their opinions and form the basis of their research.
What to do if You Suspect a Wrongful Death Occurred in a Hospital in California?
If you believe you lost a loved one due to the carelessness of a medical professional or medical staff at a hospital, there are actions you can take to bring a strong wrongful death claim against them. These steps include:
- Gather Evidence: The evidence needed for medical malpractice includes obtaining pertinent medical records, enlisting medical experts to testify about improper care, collecting witness statements, and compiling records of all death-related expenses.
- Independent Autopsy: an autonomous post-mortem examination can provide essential evidence to potentially uncovering evidence relating to medical oversights that may have gone unnoticed.
- Seek Legal Counsel: Discuss your legal concerns and take action. The wrongful death attorneys at Maison Law are here for you during this difficult time and are here to guide you through the intricacies of building your case against the hospital.
What Damages Can Be Claimed for a Hospital Wrongful Death in California?
A wrongful death settlement or verdict typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages usually include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Under California Civil Procedures 377.30, a wrongful death lawsuit is typically coupled with a California “survival” cause of action. Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
Contact a Wrongful Death Lawyer in California
If you’ve lost a loved one due to the careless actions of a hospital or medical malpractice, the wrongful death attorneys at Maison Law are here to help you and your family get compensated for the full extent of your damages. We understand that no amount of money can replace the loss of a loved one, but there are legal procedures put in place to ease the financial burden of an untimely death. For all your legal questions and concerns, contact Maison Law today. There are no upfront charges or hidden costs for our services, and you will not be charged a dime until we’ve won your case.
