Lawsuits for Iatrogenic Death

Patients trust physicians with their well-being and even their very lives. Physicians accept that awesome responsibility. The law and professional ethical standards require doctors to provide appropriate care to their patients.

Unfortunately, patients sometimes place their trust in the wrong hands. Physician responsibilities are sometimes mishandled. In the most serious cases, iatrogenic death results, leaving surviving family members with little recourse for their loss other than to seek justice in the courts.

Iatrogenic death occurs when errors or negligence on the part of a doctor or other health professional cause result in the patient's demise. A poorly conceived prescription for the wrong medication, a failure to act in a timely fashion when necessary, complications arising from surgical errors and failures to properly diagnose or treat a malady can all lead to iatrogenic death, as can inappropriate over-treatment.

Acts of medical malpractice leading to iatrogenic death are more common than most people realize. The Institute of Medicine's 2000 report, "To Err is Human:  Building a Safer Health Care System" maintained that nearly 100,000 Americans die every year as a direct result of medical errors. Some analysts argue that the Institute's conclusions represent an underestimate, as they fail to include many forms of negligence known to contribute directly to patient mortality.

Lawsuits for iatrogenic death seek to compensate the loved ones and family members of the deceased for their loss and to send a message to the medical community that providers must make good on the promise of responsible care. These suits make claims for monetary damages related to lost incomes, losses of consortium, otherwise unnecessary medical costs stemming from physician error and, in some cases, pain and suffering.

Successful lawsuits will isolate the acts of medical negligence involved and will demonstrate that those acts directly caused or unnecessarily hastened death. In order to secure a finding that medical error resulted in an actionable iatrogenic death, the suing party must prove that the physician or care provider failed to comport with the standard of care generally met by competent professionals in similar cases. The aggrieved parties may opt to sue the negligent medical staffers and the care facility that employed them.
 
Lawsuits for iatrogenic death will often rely upon state-specific wrongful death statutes, making it essential for anyone considering such a claim to consult with a qualified attorney within the jurisdiction. Demonstrating that the negligent act contributed to death is not always sufficient to obtain a satisfactory reward. Plaintiffs may be required to utilize expert witnesses and to provide appropriate evidence to prove their damages.