The hospital is meant to give your loved one the best possible care so that they have the greatest chance of recovering from their condition. However, in some cases, the hospital is directly responsible for the death of your loved one. This is because the hospice could be negligent in a way that caused the patient to become deceased.
Examples of Wrongful Death Situations at the Hospital
There are several ways that a hospital can be negligent:
- Administering an excessive quantity of painkillers
- Moving the patient improperly and causing a fall injury
- Failing to change the catheter bag and causing an infection
However, to receive compensation for the death of your loved one, you will need to show that the actions taken by the hospital are not what a reasonable hospital would have taken. This is very difficult if you do not have a medical and legal background unless you hire a hospital negligence lawyer.
How to File a Wrongful Death Claim as a Friend or Distant Relative
Generally, you will only be able to file a wrongful death claim if you have a specific relationship with the deceased. While it varies from state to state, you will often need to be a spouse, offspring, or parent of the deceased. However, there are some circumstances where you might be able to file a hospital negligence claim over wrongful death as a friend or extended family member.
If you have the power of attorney or if you are the legal guardian of the deceased, you may be able to file a wrongful death claim on their behalf. After winning the wrongful death case, the compensation paid by the hospital will become a part of the estate.
Why Fighting a Wrongful Death Case is Worthwhile
Any battle against a hospital can be difficult because hospitals are often skilled at covering up their own mistakes. You will need to contact a hospital negligence lawyer to ensure you understand how to prevent evidence from being destroyed. An attorney can file a motion to preserve evidence.
Once the relevant evidence has been gathered, your attorney will work with an expert witness to build a case for why the actions taken by the hospital were unreasonable and were a form of neglect. If your attorney is able to make a strong enough case, you may not need to go to trial and may instead settle your case out of court.