Did you know that medical errors are the third leading cause of death in the United States? Over 250, 000 people from medical errors made in hospitals. Healthcare providers know which medical errors kill or hurt patients. If you have lost a loved one due to the negligence of a hospital, you might be entitled to compensation. You deserve to be compensated for the funeral expenses, medical expenses, pain and suffering and so much more.
What are the Different Types of Medical Errors?
Medical malpractice is when a healthcare provider’s form of treatment deviates from an established standard of care and as a result a patient dies or suffers harm.
Standard of medical care is when a reasonable and competent doctor with similar training in the same field would provide a certain level and type of care given a similar situation.
Wrongful death claims associated with medical malpractice need to be evaluated first because the standard of medical care depends on the health care provider’s training, the patient’s location and the availability of treatment and diagnostic tools.
Three Types of Mistakes Commonly Associated with Wrongful Death Claims
Infections
Patients are usually at risk of infections at the hospital. Patients that are most likely to get an infection are those using urinary catheters or central IV lines, those on antibiotics, those on ventilator support and those on antibiotics. The infections can be fatal and they spread fast.
Treatment Errors
They include:
- Treating the wrong patient
- Wrong medication
- Wrong dose
- Wrong treatment for a condition
- Botched operations
- Botched treatment
Diagnostic Errors
They include:
- Not acting or failing to act on test results in a timely manner
- Using outdated tests
- Delayed or mistaken diagnosis
- Using the wrong tests
Physician and Hospital Negligence
When you hire a medical malpractice attorney, they will be able to work with you to help identify everyone who was negligent in your case. You have to prove that your loved one died because your healthcare provider or the medical facility failed to provide reasonable care. You also have to show that they owed your loved one duty of care and they failed to provide it. Once you prove negligence, you will be able to hold the hospital and healthcare providers responsible for the death of your loved one and you can pursue compensation.
The Hospital May not be Legally Liable for a Physicians Actions
Keep in mind that just because a healthcare provider treated your loved one at the hospital, doesn’t mean they work for the hospital. This means that they could be independent contractors so they are not direct hospital employees.
A hospital can be held liable if they hire unqualified staff, failing to implement infection prevention procedures and not maintaining medical equipment.
Legal Actions You Can Take
There are two types of legal actions you can take:
Survivor actions
These are meant to compensate you the damages your loved one might have recovered had they not died. This action can be filed by executor of the deceased person’s estate. You can therefore seek compensation for:
- Loss of income
- Funeral expenses
- Pain and suffering and
- Medical expenses
Wrongful Death Claims and Lawsuits
They are meant to compensate family members for their emotional and financial loss caused by the death of their loved one. You can seek compensation for:
- Funeral expenses
- Pain and suffering
- Loss of financial support
- Loss of companionship
- Loss of love and affection
How to Pursue a Wrongful Death Lawsuit
It’s highly unlikely a physician or a hospital will admit they were negligent even if it’s blatantly obvious that they were. Also keep in mind that hospitals pay a lot of money in premiums to insurance companies so you can be sure that those insurance companies will be ready to fight your claim.
Filing a lawsuit requires the advice of a wrongful death attorney who has extensive experience handing medical malpractice claims.
Finding a good lawyer won’t cost you anything other than your time because most personal injury lawyers offer a free initial consultation. This way, you will be able to vet as many lawyers as you want until you find the perfect fit for you. And once you find a reputable one, they will work on your case on a contingency fee basis. This means that unless they win your case, they won’t get paid.
