Can I Sue a Hospital Employee for the Wrongful Death of My Family Member?

Posted: Nov 10, 2016 9:50 AM

Doctors and other health-care workers have a duty to provide competent care that meets the standards of their particular field. If a medical professional provides substandard or negligent care and a patient dies as a result, then the victim’s family may have grounds for a medical malpractice lawsuit.

However, just because a treatment was ineffective does not necessarily mean that medical worker was negligent. For example, let’s assume a patient contracted a rare illness that had symptoms that closely resemble another condition, and the doctor failed to diagnose it. This is not necessarily malpractice because a reasonable doctor with the same specialization could have made the same mistake.

Filing a successful medical malpractice lawsuit requires that the defendant breached the applicable standard of care. For example, if a doctor does not administer the correct dosage of medication or confirm a patient’s name before surgery, then he or she may be liable for any injuries, worsening medical condition, or death that results.

Although there are certain injury cases wherein victims can get away with representing themselves – such as a minor fender-bender – this is not true for medical malpractice. These cases are legally complex. Making a successful recovery will require expert testimonies and an independent medical examination. You will need to present your case at hearings, file motions and complete other steps in the judicial process.

This is where your wrongful death attorney can help. If your family member died due to a negligent healthcare worker in Mississippi, contact the Law Office of Randolph C. Wood, PLLC.

Randolph C. Wood is your medical malpractice lawyer in Jackson who will evaluate your case to determine if you have grounds for a claim. Call 601-709-3584 to schedule a consultation.

What Will I Need to Prove for My Medical Malpractice Case to Be Successful?

You will have to demonstrate that the medical worker owed you – or in the case of wrongful death, owed your family member – a duty of care, and that he or she breached it. You also must prove that a reasonable health-care worker in the same profession would have acted differently in the same circumstances, and this would have led to a better outcome. You also must link the breach of the standard of care with the injury or death, and prove the value of damages.

How Often Do Patients Die Due to Medical Errors?

According to the Washington Post, a study by the British Medical Journal estimated that 251,000 patients die due to medical errors every year in the United States. That makes medical mistakes the third leading cause of death in the country – killing more than Alzheimer’s, respiratory disease and stroke. Johns Hopkins Medicine estimated that 10 percent of all deaths in the United States are due to medical error.

If you were injured or lost a family member due to a negligent health-care provider, contact the Law Office of Randolph C. Wood, PLLC. As your medical malpractice lawyer in Jackson, Randolph C. Wood will handle the legal aspects of your claim so you can focus on recovering. 

Mr. Wood has over 30 years of legal experience. Call 601-709-3584 to schedule a consultation.