Free Case Evaluation

Only pay if we win your case

Request free consultation

Is The Hospital Liable for a Patient’s Wrongful Death?

Published in wrongful death on March 30, 2018.

Wrongful death lawsuits are always complicated matters, but they can be even more complex when the death involves allegations of medical malpractice. The liability of a caregiver in the case of a wrongful death suggests that others are at fault, as well as the doctor himself. In many cases, the family of the decedent wants to know if the hospital in which the death occurred can also be held liable.

What is a Wrongful Death and When is the Hospital Liable?

It’s important to note a few factors involved in a wrongful death lawsuit. When law firms such as Nelson & Smith Lawyers take on a wrongful death case, it’s because a death has been caused by the negligence of another and the surviving family members are seeking damages. The death may be caused by homicide, an accident, or an injury and where a hospital is named as a defendant, there are also likely to be allegations of medical malpractice.

Caregivers are required to provide a standard of care equivalent to all patients with similar conditions. When the caregiver deviates from that standard without justification and that deviation causes an injury or death to the patient, there may be a case for medical malpractice. Under those circumstances, doctors, nurses, and any other hospital staff may all be named in the lawsuit.

Wrongful death lawsuits can result from several types of medical malpractice:

    • Inaccurate diagnosis of a medical condition




    • Medication prescription errors




    • Surgical mistakes




  • Care negligence


In terms of naming a hospital in a medical malpractice wrongful death lawsuit, the hospital can be held liable for the actions of its employees. Additionally, the hospital itself is responsible for the hiring and supervision of its employees, as well as for the care and maintenance of the facility’s equipment. The hospital is also liable in terms of overseeing the care of each patient.

When Should You Consider Suing the Hospital?

This is a decision your attorney should make, based on how much insurance the doctor carries. All doctors carry medical malpractice insurance to some degree, but it may not be enough to cover the damages in a wrongful death lawsuit. In that case, your attorney will probably recommend naming the hospital in the lawsuit as well.

The reason a hospital won’t always be named in a medical malpractice lawsuit is that it will mean facing a larger team of lawyers in court, as opposed to the one law firm retained to defend the decedent’s doctor. With multiple defense attorneys working against you in the wrongful death case, there’s a greater likelihood that you’ll lose your case. For that reason, your lawyer may try to avoid naming the hospital as a defendant, if possible.

If you have lost a loved one and believe the death was due to medical malpractice, you may be able to seek damages in a wrongful death lawsuit. By contacting the legal professionals at Nelson & Smith Lawyers, you can get a professional and experienced evaluation of your case. While your loved one can never be replaced, you may be able to recover damages to compensate your family for the financial burden this loss has caused.

Please visit our site for more information on our Dublin Wrongful Death Lawyers.

RSS Blog – Nelson & Smith Attorneys at Law

  • Deadly Construction Accident in Downtown Macon
    A deadly construction accident recently occurred at a worksite that was located near Spring Street, located in downtown Macon. The accident occurred when one of the construction workers fell from a bridge that was approximately 30 feet tall.  The September 6, 2019, incident involved metal decking that was located at the top of a bridge. […]
  • The NSC Tackles Drowsy Driving Awareness in November
    According to the most recent statistics, fatigued driving is a bigger problem than ever around Macon, Georgia. Specifically, drivers who choose to operate their vehicles while fatigued cause in excess of 6,400 deaths nationally in a given year. When Macon car drivers and truck operators get behind the wheel while fatigued, they can bring about […]
  • Broken Hips from Slip and Fall Accidents
    Slip and fall accidents do not sound like very serious accidents. The fact is, however, that slip and fall accidents happen frequently and are very dangerous. The impact from a fall can be immense, and suffering a broken hip is not uncommon (especially in falls to the side). A broken hip is an extremely painful […]
  • Head Injuries from Workplace Accidents
    Head injuries, such as traumatic brain injuries (TBIs), are not uncommon in the workplace, and they are often extremely serious. Head injuries are generally caused by impacts to the head that are often precipitated by falling objects, but slip and fall accidents, blunt force trauma, machinery accidents, on-the-job driving accidents, and more can all lead […]