When Is the Hospital Responsible for Your Wrongful Death Claim?

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What happens when the hospital that is supposed to be providing your loved one with excellent care is negligent in their duties, resulting in the death of your loved one? The experienced attorneys at The Sargent Firm Injury Lawyers are duly qualified and capable of answering this question and more for you. If a hospital was responsible for the death of your loved one through their negligence, you may be entitled to compensation. Our experienced attorneys are here to help you and guide you through this difficult chapter.

Situations When the Hospital Can Be Sued

The California Code of Civil Procedure §377.60 permits a cause of action when the wrongful death is caused by the wrongful act of negligence of another. Your attorney will determine if the hospital should be sued. When deciding the parties of a suit, it is essential to look at the insurance that any potential party holds. If the hospital has the insurance to cover potential judgment amounts, and they become a party to the suit, there are two common situations in which the hospital can be sued. The two most common situations in which a hospital can be sued are when the hospital’s employees are negligent or when the hospital itself was negligent in its actions.

Doctors, nurses, and other healthcare providers that are employed by the hospital can all be reasons that a hospital can be sued. Most commonly, doctors or nurses will commit some sort of medical malpractice. This could include misdiagnosis, administering medications incorrectly, not monitoring a patients vitals, charting a patient’s medical history/diagnosis wrong, or even failing to report symptoms a patient has. While employees of the hospital are liable, independent contractors of the hospital are not liable. An example is a doctor who visits or checks up on a patient in the hospital, but is not directly employed by the hospital. Therefore, the hospital could not be found liable for an independent contractor doctor’s negligence. An attorney can help make this distinction between employees and independent contractors to determine what is the best situation for your case.

Outside of employee negligence, the hospital itself can be negligent in a variety of ways. The ways in which a hospital can be negligent include being negligent in hiring employees, maintaining equipment, and overall management of the care administered at the hospital. If a hospital is not maintaining safety regulations or proper protocol of patient care, equipment care, or maintenance, the hospital can also be found negligent. A hospital is required to establish safety protocols for their employees to follow. These include hand washing and cleanliness administering medication. Hospitals that fail to follow safety regulations can be sued for negligence resulting in wrongful death.

Contact an Experienced Attorney

If you have lost a loved one because of a hospital’s negligence, contact the experienced personal injury attorneys at The Sargent Firm Injury Lawyers for your free consultation. We will examine your case with the utmost care and determine what the best path is for your particular case. Our experienced attorneys will provide the proper care and attention to your case to determine what your fair compensation is.

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