My mother was killed as a result of hospital negligence. She went to the hospital and she was killed when a nurse gave her the wrong dose of her medication. I want to sue the hospital but since I’m just her daughter, I don’t know if I can? Who can sue a hospital for wrongful death of a patient? My father is dead, so if I can’t sue, I don’t know who else would.
Who can sue a hospital for wrongful death of a patient?
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Answer:
The laws regarding who can sue for wrongful death damages differ by state. In many states, children are allowed to sue for the wrongful death of their parents. However, since wrongful death damages are in large part based on lost wages and lost economic value, you may not receive extensive damages. Furthermore, if your mother was elderly, your settlement may be reduced because her life span may not have been much longer, even without the medical negligence.
It's an unfortunate reality of medical malpractice laws, that the older the patient was at the time of death, the smaller the damages are.
However, you still may be able to recover for the malpractice and, in most states, will have standing to due in order to do so. You should speak with an experienced medical malpractice attorney who can give you more advice on your options and your potential recovery.
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Posted by Christy Rakoczy on 23 Mar 2010