Medical Negligence Death: Taking Legal Action

When a life is cut short by medical negligence, the pain isn’t just in the loss, but in knowing it could have been avoided. One way to honor your loved one’s memory is to pursue legal action. Through a medical negligence death claim, you can demand accountability, and seek the justice your loved one deserves.  

In this article, we’ll discuss what death by medical negligence is, and when and how you could file a claim.

What is Medical Negligence Death?

A medical negligence death is when a person dies because of medical negligence. Medical negligence is when a healthcare provider doesn’t provide the appropriate standard of care. This means they deviate from protocol, don’t perform their duties competently, or hurt a patient on purpose. 

Death by medical negligence can happen in many different circumstances, including:

• During the diagnostic stage
• In emergency rooms
• On the operating table
• During a hospital stay
• In childbirth
• In nursing homes
• During anesthesia
• During mental health treatment
• In post-operative care

In cases of medical negligence death, the family of the deceased may seek legal action against the responsible healthcare providers or institutions. They might file a wrongful death lawsuit. This type of lawsuit holds the negligent party accountable. Though it can never bring a loved one back, it may provide financial compensation for the loss.

Types of Medical Negligence

Unfortunately, people pass away in hospitals all the time, despite their care providers’ best efforts. Providers can be held liable for a death only if they fail to provide the standard of care expected of them. 

Here are examples of errors that constitute medical negligence and could warrant a lawsuit:

• Errors in diagnosis
• Wrong treatment 
• Surgery mistakes
• Wrong medicine or wrong dosage
• Failure to obtain consent for a medical procedure
• Anesthesia errors
• Inadequate follow-up care
• Hospital-acquired infections
• Discharging a patient too soon
• Miscommunication between healthcare providers that leads to mistakes

How Common Are Medical Negligence Deaths?

The majority of doctors want to help their patients and don’t deviate from the standard of care. But medical malpractice and negligence are still a significant issue in the United States. Death by medical negligence occurs an estimated 250,000 to 400,000 times each year. The wide range in estimates is due to differing methodologies in studies. But even the lowest statistic provided by Johns Hopkins (250,000) highlights the severity of this problem. This number puts medical malpractice as one of the leading causes of death in the United States.

Medical Negligence vs. Medical Malpractice 

The terms medical negligence and medical malpractice can be interchangeable. But they have slightly different meanings. When you discuss a medical negligence death with an attorney, you might hear both terms. 

Medical negligence usually involves an unintentional error or omission in care that leads to harm. For example, if a doctor overlooks a symptom that should have led to further testing, and this oversight results in harm to the patient, it could be considered negligence.

Medical malpractice is a specific type of medical negligence that goes a step further. It often includes an element of intent or gross negligence, meaning that the healthcare provider knew, or should have known, that their actions could lead to harm.

So, while all cases of medical malpractice involve medical negligence, not all cases of medical negligence rise to the level of malpractice. Malpractice is more severe and typically requires legal proof that the negligence caused significant harm​. 

Medical Malpractice Claims Vs. Wrongful Death Claims

If your loved one’s death was due to medical negligence, there are two types of claims you may be able to file. There are medical malpractice claims, and wrongful death claims. Which one you file depends on the circumstances of your case and your goals. 

Let’s discuss the differences between these two options:

Medical Malpractice Claims: These claims focus on the negligence of the healthcare provider. You must prove that the healthcare provider’s actions directly caused the injury or death. The goal is seeking compensation for damages such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Other medical costs.

Wrongful Death Claims: These are broader claims. They focus on the impact of the death on the surviving family members. You must prove the death was caused by the negligent actions of the healthcare provider. The emphasis is on the loss your family suffered. You might seek compensation for:

• Funeral expenses
• Loss of companionship
• Loss of future earnings
• Other damages that affect your family.

Negligence Death Settlement: How Much Could I Get?

Medical negligence death claims can result in settlements ranging from thousands to millions of dollars. 

The amount you could get depends on several factors, such as:

• The severity of the negligence
• The economic impact of the death
• The jurisdiction where you file your claim
• The deceased’s age and income
• Financial and emotional impact on surviving family members.

To find out the potential value of your claim, you should consult an experienced attorney. 

Death due to medical negligence is a horrific ordeal to go through. When it comes to holding negligent providers responsible, you don’t have to fight alone. Call us for a free review of your potential medical negligence death claim. 

Medical Negligence Death FAQs