My daughter was admitted to our local hospital for an emergency c-section and was given morphine during the surgery. She went into anaphylactic shock and died before they could administer epinephrine (adrenalin). Her medical records indicated that she was allergic to this type of medication. As her Father, can I file a wrongful death lawsuit against the hospital or is her husband the only one who can file a claim?
Who can file a lawsuit for a patient that died due to hospital error?
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Answer:
The law says that any individual legally designated to act on behalf of the patient may file a medical malpractice lawsuit. If the patient dies as a result of malpractice, the executor or administrator of the estate of the deceased may step in as the plaintiff in a medical malpractice lawsuit. While each state has different rules for who is eligible to file a wrongful death lawsuit, a decedent’s parents, spouse, children and siblings are the most common plaintiffs. If a child has suffered an injury or wrongful death, the family of the victim can file a wrongful death lawsuit against the responsible party.
Injuries can be caused by policies and procedures regarding medical records, communications and medical staff assignments. A recent study sponsored by the Institute of Medicine estimated that medication errors kill nearly 7,000 people each year.
Medical malpractice cases are complex and require extensive legal and medical knowledge to establish that mistakes were made. Therefore, it is important to hire a medical malpractice attorney who is experienced in these matters.
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Posted by Linda Adams on 26 Apr 2010