It is a sad reality of our world that people are sometimes killed due to the negligence of others. All death is tragic, but it is particularly heartbreaking when someone’s death could have been avoided if proper care has been taken.
If your loved one has passed away due to what you consider to be medical negligence, it is perfectly reasonable for you to wonder who might be liable for this tragedy.
Can you sue a hospital for wrongful death in Ohio?
Let’s explore the topic to find out what course of action you can take when your family has experienced a wrongful death due to medical negligence.
What Is a Wrongful Death Claim?
First, let’s take a look at what a wrongful death claim is.
A wrongful death claim is a civil action against a person or entity who might be liable for the wrongful death. These claims are typically brought by close relatives of the deceased.
Any death that is caused through the wrongful acts of others could potentially result in a wrongful death claim. Wrongful death claims might arise after vehicle accidents caused by an individual’s negligence, defective products, or medical malpractice.
This type of lawsuit is allowed to be filed even though the harmed individual is no longer alive. Different states have different statutes that dictate who can bring these claims, what kind of damages can be recovered, and what the statute of limitations is.
Wrongful Death Due to Medical Negligence: When Is a Hospital Liable For Wrongful Death?
There are a number of different ways that a hospital can be liable for the death of the patient. The two most common ways are the negligence of nurses, physicians, and other healthcare providers that the hospital employees and the hospitals own wrongdoing and negligent in overseeing and managing medical care, repairing equipment, and hiring and supervising employees.
Things get a bit more complicated if the physician who is negligent was not employed at the hospital but rather performed an operation or saw a patient there. Unless physicians and nurses are employees of the hospital and not independent contractors the hospital typically won’t be held responsible.
Can You Sue a Hospital For Wrongful Death in Ohio?
The estate executor or the family of the deceased can sue a hospital in Ohio if they believe that the hospital is responsible for the negligence that led to their loved one’s death.
In order to win a wrongful death lawsuit against a hospital, however, requires that evidence be provided that answers a number of questions, including:
- Was the doctor, nurse, surgeon, or other healthcare provider that made the negligent error actually employed at the hospital?
- Could another healthcare provider with the same resources, training, equipment, and medical knowledge of the patient have not made the same fatal medical error?
- Did the negligence occur due to the management of the hospital and the hospital’s supervision, oversight, and hiring of the health care provider who was negligent?
Determining whether or not a mistake could have been prevented can be a difficult question to resolve. This is why hiring a medical malpractice wrongful death attorney in Columbus Ohio can help you determine which course to take when making your claim.
Are You Looking For a Medical Malpractice Wrongful Death Attorney?
At Tyack Law, we have over fifty years of personal injury litigation experience. Our Columbus medical malpractice wrongful death attorneys will work with you to understand the unique aspects of your case and how you and your family can receive the compensation you deserve.
If you are looking for a Columbus medical malpractice wrongful death attorney, contact Tyack Law to speak with an experienced attorney today.
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