What is Medical Malpractice Wrongful Death?

If someone is killed by another person’s actions, it is possible for the loved ones of the deceased to file a wrongful death lawsuit against the responsible party to be compensated for their loss. There are essentially three types of causes for a wrongful death lawsuit:

  1. Accidental death caused by negligence
  2. Accidental death caused by medical malpractice
  3. Intentional death

Many people have a lot of questions about how medical malpractice works. This guide will go over why a doctor or hospital may be sued. There is actually a significant difference between a doctor and the hospital being sued.

Suing the Hospital

It is actually less common for the hospital to be sued. This is because nearly all doctors are considered independent contractors. So if the physician does something wrong to cause a death, the hospital is not held legally responsible. However, many hospitals have lawyers on staff to defend the doctors in case legal trouble does come up.

However, it is still possible to file a wrongful death lawsuit against the hospital. If the hospital acts negligently, such as by hiring untrained medical professionals, failing to verify the capabilities of doctors, failing to establish good protocols, or creating an unsafe environment, then the hospital is still liable for any deaths or injuries that occur as a direct result of this negligence.

Suing the Doctor

If a medical malpractice wrongful death is going to occur, it will usually be the result of the actions of the doctor. It is much more common for wrongful death lawsuits to be filed against a physician than the hospital. If the doctor does not act competently when treating patients, there may be legal grounds against the doctor. Examples of this kind of malpractice include:

  • Diagnosing a patient incorrectly
  • Prescribing the wrong medicine or treatment
  • Injuring a patient directly
  • Making a mistake during surgery
  • Ignoring a patient’s symptoms

All doctors, surgeons, and nurses have a duty to care for their patients competently. If a doctor fails to fulfill their duty, and this breach of duty results in injury or death, then negligent action has occurred and there is strong legal ground for a lawsuit. You can learn more about the validity of your unique case by speaking with an attorney. A legal professional who specializes in wrongful death can easily answer any questions you have without you needing to make any obligation to hire him or her. Talking with an attorney,  like a Wrongful Death Lawyer, in  Lakewood FL from David & Philpot, P.L., should always be your first step.

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