Can You File a Suit Against a Hospital for Wrongful Death?
You can sue a hospital for a wrongful death. A patient’s surviving family members may hold a hospital employee or an affiliated doctor responsible for this individual’s death. They must show that a liable party violated a standard of care and that their actions harmed this patient.
How Can You Sue a Hospital for a Wrongful Death?
Partner with wrongful death attorneys in Chicago, as they can guide you through the legal process. A lawyer is compassionate and empathetic to the needs of a family that lost a loved one due to a hospital’s actions. They learn about the patient’s death and, if warranted, will advise the surviving family of the deceased person (decedent) to move forward with a claim.
Follow the Illinois Compiled Statutes (ILCS) if you want to sue for a wrongful death. Per 735 ILCS 5/2-622, if you want to file a wrongful death claim due to medical malpractice, you must open an estate. In addition, you must obtain the following documentation:
- Medical records
- Affidavits
- Health provider’s report
According to Illinois’s Wrongful Death Act, you may have two years to submit a wrongful death claim. If you do not file a claim within this period, you may lose the right to pursue compensatory damages at a later time from the hospital liable for a family member’s wrongful death.
How to Hold a Hospital Responsible for a Wrongful Death
It is your responsibility to prove negligence. This requires you to show that the following elements are present relative to your wrongful death case:
Duty of Care
This refers to a legal obligation that a hospital has to provide its patients with care and support in alignment with a standard of care. It applies to employees, doctors, and other hospital personnel and contractors.
Breach of Duty of Care
A duty of care is breached when a party acts carelessly or recklessly. For example, a doctor does not follow a standard of care. Due to their actions, the doctor misdiagnoses a patient, and this error results in a wrongful death. In this instance, the doctor breached their duty of care to the patient.
Causation
There is causation when a breach of a duty of care contributes to a wrongful death. Medical records, witness statements, and other evidence can be used to establish causation and show that a hospital’s actions led to a wrongful death.
Damages
A wrongful death causes damages when a decedent’s surviving family incurs quantifiable or subjective losses. In your wrongful death case, you can request economic and non-economic damages from a hospital. Reasons you could receive damages include pain and suffering, medical bills, burial and funeral expenses, and loss of consortium.
Is It Difficult to Sue a Hospital for a Wrongful Death?
Expect challenges if you proceed with a wrongful death claim against a hospital, which may commit substantial time and resources to contest your case. You do not have to face the legal process alone. A wrongful death lawyer helps you submit your claim and represents you at each stage of your litigation.
Your lawyer crafts an argument that will resonate with a judge or jury. They can also negotiate a settlement on your behalf. Or, if you want to seek justice and damages, your lawyer can bring your case to trial.