Hospital Malpractice

Hospital malpractice can take many forms. It can be based on: (a) a mistaken diagnosis, (b) failure of the hospital staff to treat a patient, (c) failure to monitor or stabilize a patient’s condition, (d) failure to refer patients to appropriate specialists, and (e) failure to order the necessary diagnostic tests. Likewise, improper treatment such as the incorrect administration of medication (wrong medication or wrong dosage), improper use of anesthesia, improper use of medical equipment, and unnecessary or non connected-to surgeries may be hospital malpractice. Preventable infection resulting from sub-standard hospital procedures is another common cause for hospital malpractice suits.

Hospital Malpractice Statistics

Not every failure of treatment or of a procedure is malpractice. Often doctors and hospital staff do everything they can for a patient and the patient still suffers pain or dies. But if you believe that the care you or a family member received in a hospital was insufficient and led to harm, it is important to contact a lawyer as soon as possible. An attorney can assess your case and help you decide if it is worthwhile to pursue legal action. Most states have statutes of limitations that dictate how long you have to file a malpractice suit. A lawyer in your state can give you more information.

Wrongful Death

Wrongful Death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives. The claim is the result of statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.

A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant's), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct.

Under "common law" (the general legal principles passed from England to the United States over hundreds of years) this type of claim did not exist. It was reasoned that the claim died with the victim, and the surviving family members could not claim damages from the person who caused the victim's death. To correct this injustice, the individual states have passed "wrongful death statutes" over the years, and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow some general principles, each state jurisdiction is unique, since each state has drafted its own form of "wrongful death statute."

If you believe you have a valid claim for the wrongful death of a family member, you should consult an attorney from your local area regarding the requirements for your particular jurisdiction.

If you want expert advice on the issue - Submit your Request here