Can You Sue a Hospital for Wrongful Death?

The loss of a loved one is always devastating, but when their death is caused by medical negligence, the pain can be even more profound.

At the Jacob D. Fuchsberg Law Firm, our New York wrongful death lawyers understand the emotional and financial turmoil your family is facing.

If you're wondering, "Can you sue a hospital for wrongful death?" the answer is yes, under certain circumstances. We’ll explain how medical negligence in a hospital can lead to a wrongful death and help you understand your rights.

Understanding Wrongful Death in a Hospital Setting

Wrongful death in a medical context occurs when a patient dies due to the negligence or misconduct of a healthcare provider. The provider might be a doctor, nurse, or the hospital itself.

In 2019, New York had the highest total medical malpractice payouts in the United States, reaching $661 million. Additionally, on a per-person basis, New York ranked second in the country, with an average payout of $34.01 per resident.

Not every death in a hospital is eligible for a wrongful death lawsuit. In many cases, doctors and nurses follow the standard of care but cannot save the patient.

But sometimes, the provider or hospital can be held responsible for a patient’s death. These are some potential examples:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication mistakes
• Anesthesia errors
• Inadequate monitoring of patients
• Failure to provide appropriate treatment, such as disregarding a potential spinal injury‍
• Hospital-acquired infections due to poor sanitation

If a reasonable healthcare provider in the same situation would not have made the mistake that led to the patient’s death, the patient’s family may have a good reason to file a wrongful death lawsuit.

Establishing Hospital Liability in a Wrongful Death Case

To win a wrongful death lawsuit, you must establish that the hospital's negligence directly contributed to your loved one's passing. This involves demonstrating four elements:

• The hospital owed a duty of care to the patient.
• The hospital breached this duty through negligence or misconduct.
• This breach directly caused or significantly contributed to the patient's death.
• The surviving family members suffered losses due to the death.

Hospitals can be held responsible for the actions of their employees, including nurses and technicians. However, many doctors are independent contractors, which can complicate matters. A knowledgeable wrongful death attorney can help determine which person or organization may be liable for your loved one’s death.

Who Can File a Wrongful Death Lawsuit Against a Hospital?

In New York, the personal representative of the deceased's estate is typically the one who files a wrongful death action. This person is usually named in the will or appointed by the court. The lawsuit is filed on behalf of the deceased's beneficiaries, who may include:

• Spouse
• Children
• Parents
• Other dependent family members

The spouse and children of the deceased take priority. If the deceased person was unmarried and childless, a lawsuit can be filed on behalf of their parents or other relatives.

How Much Can You Sue a Hospital for in a Wrongful Death Lawsuit?

In New York, there is no limit (or “cap”) on wrongful death or medical malpractice damages. The potential compensation is determined by factors such as:

• The deceased's age, health, and life expectancy at the time of death.
• The deceased's earning capacity and financial contributions to their family.
• The value of the services the deceased provided to their family.
• The severity of the hospital's negligence.
• The strength of the evidence supporting the claim.

Many cases end in settlements. Others proceed to trial, where a judge or jury will have the final say on how much compensation to award the plaintiff.

Compensation You Can Get in a Hospital Wrongful Death Lawsuit

When you sue a hospital for wrongful death, you can ask to be compensated for both tangible and intangible losses. These can include:

• Medical expenses related to the deceased's final illness or injury
• Funeral and burial costs
• Lost wages and benefits the deceased would have earned
• Loss of support and services the deceased provided to family members
• Loss of parental guidance for surviving children
• Loss of inheritance

Along with these losses, the family can file a separate claim for the conscious pain and suffering their loved one felt before their death. This claim is called a “survival action.”

The Jacob D. Fuchsberg Law Firm's Successful Wrongful Death Lawsuits Against Hospitals

Our firm's lawyers are dedicated to holding hospitals accountable for their actions and securing justice for grieving families. Here are a few of our previous successful cases.

#1. Misdiagnosis: $1.25 Million

Managing Partner Bradley Zimmerman secured $1.25 million in a settlement for the family of a 59-year-old man who died of metastatic prostate cancer due to a delayed diagnosis by a hospital.

#2. Improper Treatment: $700K

Partner Christopher Nyberg secured a $700,000 verdict in a medical malpractice case against a Brooklyn hospital that failed to provide proper care to a 20-year-old man with sickle cell anemia.

#3. Delayed Treatment

Partner Keith Gross achieved a substantial settlement in a medical malpractice case involving a retired 66-year-old MTA subway conductor who tragically lost his life because of a hospital's negligence in treating his head injury. The exact amount is confidential due to the terms of the settlement.

What Is the Statute of Limitations for Wrongful Death Claims?

In New York, the statute of limitations for filing a wrongful death claim is two years from the death. If you miss this deadline, you lose your right to seek compensation.

Since your lawyer needs time to gather evidence and consult with experts, it’s a good idea to seek legal representation as soon as possible.

How a Wrongful Death Attorney Can Help

While you’re grieving your loss, we’ll be working toward justice. Count on us to handle every aspect of your hospital negligence case. We will:

• Evaluate the merits of your case
• Gather and preserve crucial evidence
• Handle all legal paperwork and deadlines
• Negotiate with the hospital and insurance companies
• Represent you in court if a fair settlement cannot be reached
• Fight for full compensation

At the Jacob D. Fuchsberg Law Firm, our compassionate wrongful death attorneys are committed to helping families seek justice and financial security after the loss of a loved one.