Who can bring a lawsuit against a hospital for wrongful death of a patient?

A lawsuit for medical negligence that caused a patient's death can be brought by the deceased's family members or his legal guardians. Proof requirements are the same regardless of the relationship to the deceased, and fall on the plaintiff's shoulders.

Only the deceased's immediate adult family members or legal guardian can file a medical negligence lawsuit against a hospital. Immediate family members include children and spouses, and sometimes parents if the deceased was a child or supported them. A guardian must have been the deceased's legal guardian, meaning that the guardian was appointed by a court of law or by the decedent under a legally executed and valid power of attorney.

Ex-spouses, aunts, uncles, life partners and girlfriends or boyfriends cannot file a wrongful death lawsuit. This is because they did not have the relationship with the deceased whereby they relied on his income.

A plaintiff in a medical negligence case must prove four elements: duty, breach, causation and damages. The breach is the negligence committed by the hospital. It can be anything from performing surgery incorrectly, not properly caring for the patient in some way, administering the wrong amount or type of medication or any other action or behavior which was abnormal. Causation is the relationship between the hospital's behavior and the patient's death. Damages are the money or the aspects of the personal relationship that the plaintiff lost by the decedent's untimely death.

If you believe that you have a cause of action for the wrongful death of a patient, seek legal advice. An attorney will review the facts of your case and discuss whether you can act as a plaintiff and sue the hospital.