Whenever we take a loved one to the hospital, it is with the hope that they would return feeling better and alive. If for any reason, something goes wrong and we lose the loved one, we begin to ask questions.
What Is Wrongful Death?
Wikipedia defines wrongful death as “a claim against a person who can be held liable for a death.” Alongside a person, an institution—such as a hospital—can also be sued for wrongful death if there is enough proof of malpractice.
When Is a Hospital Responsible for a Wrongful Death?
Physicians and nurses are majorly responsible for treatments and administration of medication to any sick person at a hospital. If the person dies wrongfully, it may be the fault of the physician and not the entire hospital. This thin line is what should guide you when asking yourself if it would be tactical to sue the hospital for Wrongful Death.
Below are some of the reasons a hospital could be responsible for a patient’s death:
- Inadequate staffing of trained physicians and nurses at the time of death.
- Employment of untrained/undertrained physicians, nurses and other essential staff.
- Lack of proper safety protocols and equipment to handle cases including the one being handled at the time of death.
In some cases, it is more beneficial to sue the doctor rather than the hospital. If after critical observation, there is enough proof that the doctor is responsible for the error leading to death, your attorney would most likely suggest that the doctor be sued independently.
The medical malpractice in view may be:
- Wrong diagnosis of ailment/condition.
- Administration of wrong medications or error in dosage administered.
- Neglect of the patient at any point during treatment.
- Mistake made during surgery.
If any of the reasons mentioned above were responsible for the death, then you may as well confer with your attorney on how to go about filing a case.
Moreover, suing the hospital requires more expenses as you would have to battle with two attorneys: the attorney to the doctor and the one to the hospital. Additionally, your attorney may advice suing the doctor alone if the doctor’s medical insurance can cover for the damages incurred.
Overall, the best step to take is to speak with an attorney to assist you in making the right decision.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
