Yes, you can sue a hospital for wrongful death. If the death occurs because of medical negligence or malpractice, and the deceased person would have had a personal injury claim if death had not ensued, survivors may benefit from a wrongful death claim.
A hospital can be a defendant in a wrongful death claim. They may be responsible for the actions of healthcare providers when medical malpractice occurs in a hospital setting.
South Carolina Wrongful Death Lawsuit Against Hospital
- South Carolina allows wrongful death lawsuits against hospitals.
- The claim may assert any grounds for medical malpractice, negligence, and other liability that apply.
- State law says that a personal representative pursues the claim on behalf of survivors.
- When a wrongful death claim involves medical malpractice, the case must begin with a Notice of Intent to File Suit. The Notice summarizes the facts and causes of action. It must be formally filed and served.
- South Carolina imposes damage caps on medical malpractice claims. These caps apply to wrongful death claims. The cap depends on the hospital ownership entity – private, government, or charitable. There may be some exceptions, and some amounts are adjusted for inflation. Ask an attorney how this may apply to you.
- You may take your claim to court. Many claims are resolved through settlements.
- There is a limited amount of time to file a case.
Is it hard to sue a hospital for wrongful death?
It can be difficult to sue a hospital for wrongful death. You must prove that negligence occurred. This can be hard to do when the hospital has important records and information. Those responsible may not want to admit what happened.
In addition to proving what happened, you must provide expert testimony to explain the standards of adequate medical care. You must pursue your case according to court rules, following deadlines and meeting requirements at various stages.
All of this can be difficult, but you can hold a hospital responsible for wrongful death.
You can have a lawyer represent you through every step. Bobby Jones Law is currently taking new cases for hospital wrongful death lawsuits.
What Constitutes a Wrongful Death in a Hospital Setting?
Wrongful death in a hospital setting is when medical care in the hospital falls below professional standards, resulting in death. The party responsible may be a doctor, nurse, or other practitioner. Failure may occur as the result of multiple actors when taken together.
A person in a hospital has the right to expect competent care. They may expect that:
- Care providers (doctors, nurses, and others) are knowledgeable in their fields of medicine.
- Care providers are skillful in the tasks they perform, whether it is a complex surgery or a routine procedure.
- Attention is given to diagnosing the patient and determining the appropriate course of action.
- Care is personalized to the patient’s needs and wishes.
- They are kept informed about their condition, options, risks, and other information.
- Services are provided in a timely manner.
When Is a Hospital Liable for a Patient’s Death?
A hospital is liable for a patient’s death when the care that it provides is legally deficient, and it results in death. A hospital must provide care that meets standards of reasonableness. Care must be adequate. It doesn’t have to be perfect. What is reasonable doesn’t necessarily depend on the patient’s health outcome.
If the hospital is responsible for an act or omission that fails to meet minimum standards of adequate care, and it is the cause of death, then they are liable. Reasonable standards are evaluated by accepted professional practice for the type of healthcare.
Common Hospital Errors That Lead to Wrongful Death
- Transcription and recording errors
- Prescription and drug dispensing mistakes
- Lack of knowledge
- Lack of technical skill
- Poor judgment
- Inadequate staffing
- Lack of supplies
- Poor tracking of patient care
- Operating on the wrong body part
- Failing to respond to an emergency, leaving a patient alone for too long
- Rushing through care
- Unsanitary conditions, spread of infection
- Systemic failures that fail to catch errors or impede the provision of care
- Not informing the patient of possible outcomes and risks
- Faulty medical devices, supplies, and equipment
Who Can File a Wrongful Death Lawsuit Against a Hospital?
In South Carolina, the personal representative can file a wrongful death lawsuit against a hospital. A personal representative may be named in the person’s will. Otherwise, South Carolina uses a priority system to determine who acts as the personal representative.
Even though this person files the case, the beneficiaries receive the proceeds of the wrongful death lawsuit. The first beneficiaries are the surviving spouse and children.
Proving Medical Negligence or Systemic Failures in Court
Proving medical negligence or system failures requires expert testimony. A qualified person will explain prevailing professional standards. They will discuss what happened and how it amounted to negligence.
Presenting effective testimony for suing a hospital for wrongful death can take significant preparation. You must investigate. Factual witnesses and logs can explain the events that unfolded. Medical evidence can explain the act or omission that makes the hospital liable.
South Carolina requires specific, detailed steps to present evidence of medical negligence or systemic failures in court.
When you submit your Notice of Intent to File Suit, you must include standard interrogatories and disclosure requests.
Once the Notice is served, you may undertake discovery. Your case will consist of what occurred, including hospital records, and expert evidence to establish negligence.
Damages Recoverable in a Hospital Wrongful Death Lawsuit
- Medical bills incurred before death, because of the wrongful act
- Funeral, burial costs
- Other final expenses
- Lost wages and benefits, if the person provided financial support
- Loss of inheritance
- Guidance, companionship, parental teaching, spousal consortium
In addition, a survival action claim may seek additional compensation.
Contact an Experienced Greenville Wrongful Death Lawyer
If you have lost a loved one and want to talk to a lawyer about whether you can sue a hospital for wrongful death, please contact us today. Get advice that is personal to your case from an experienced attorney. Contact Bobby Jones Law.
