Wrongful Death Due to Medical Malpractice 

We trust doctors and other healthcare providers to give our family members the best possible care. When physicians deviate from accepted medical practice and a patient dies, or they simply make terrible mistakes, you may have grounds for filing a wrongful death lawsuit due to medical malpractice.  

When a loved one dies due to physician or hospital errors, a skilled medical malpractice lawyer at Douglas & London can navigate these complex cases. Although nothing can bring your family member back, we will fight so that those who were responsible for your loved one’s death are held accountable, and you can receive compensation that may soften the financial loss of your loved one. Depending on the circumstances, a wrongful death lawsuit due to medical malpractice may prevent other families from experiencing such a tragic loss.  

We have recovered over $18 billion for our clients in settlements and verdicts.  

Understanding Wrongful Death Medical Malpractice 

If asked to name the three most common causes of death in the U.S., it is likely that most people could name two out of the three: heart disease and cancer. What the majority would get wrong is the third most common cause of death: medical errors, as per a Johns Hopkins study. Medical malpractice accounts for approximately 250,000 patient deaths annually.  

In a medical malpractice wrongful death case, the plaintiff must prove that the doctor or hospital acted negligently when treating the late patient, contributing to their wrongful death. First, they must prove that the decedent was under the care of the physician, hospital, or other healthcare provider. Next, they must show that in the course of diagnosis or treatment, the physician did not act as someone in their specialty should act.  

As a result of this failure to act, your family member died. Damages must occur from the wrongful death, such as medical, funeral, and burial expenses, loss of income, and loss of companionship.  

Common Causes of Wrongful Death Due to Medical Malpractice 

Surgical Errors 

Unfortunately, surgical errors in medical malpractice are relatively common. While not all are fatal, a certain percentage leads to patient death.  

One of the most egregious surgical errors is leaving a foreign object behind in the body. Sponges, needles, and even surgical tools are sometimes left behind. Patients may develop fatal infections or other complications from these “retained objects,” as they are known in medical parlance.  

Misdiagnosis 

With failure to diagnose, a medical professional does not properly diagnose a medical condition or illness. The diagnosis failure may relate to misinterpretation of test results. In some cases, the doctor may even deny the patient is sick or injured. The delay in diagnosis and subsequent treatment leads to the patient’s death.   

A team from Johns Hopkins and Harvard’s Risk Management Foundation found that “across all clinical settings—including hospital and clinic-based care—an estimated 795,000 Americans die or are permanently disabled by diagnostic error each year.”  

Delayed Hospital Referral 

There are situations in which a patient at a doctor’s office should immediately be sent to a hospital for treatment of an acute condition such as a stroke or heart attack. If the physician fails to make this immediate referral and the patient dies from their condition due to the delay, the doctor may be held liable. 

Medication Errors 

Medication errors leading to wrongful death may include: 

• Prescribing the wrong medication 
• Prescribing the wrong dosage 
• Prescribing a medication to which the patient is known to be extremely allergic, causing death 
• Drug interactions  

Anesthesia Errors 

Approximately one person for every 100,000 people undergoing planned surgery will die from an anesthesia error. Although the risk is relatively low, thousands of people in the U.S. die each year from an anesthesia error. The risk is higher for those undergoing emergency surgery or for operations on delicate structures, such as the bowels or major blood vessels.  

Certain factors increase the risks of general anesthesia. Such factors include: 

• History of allergic reactions to anesthesia 
• Diabetes  
• Heart disease 
• High blood pressure 
• Kidney issues 
• Lung issues  
• Obesity  
• Obstructive sleep apnea 
• Seizures or other neurological disorders 

Anesthesia deaths may also occur because the anesthesiologist did not insert the breathing tube properly. Another common cause of such fatalities is the failure to monitor the blood supply of major organs while the patient is under anesthesia. Reduced blood supply can result in death.  

Fatalities may also occur if the patient receives too much or too little anesthesia.   

Birth Injuries  

Every parent wants a healthy child. Unfortunately, birth injuries due to medical malpractice or negligence can lead to the death of a newborn. For instance, damage to the spinal cord due to overstretching during delivery that occurs high in the neck can prevent the baby from breathing.  

An infant death may also have been avoided if the obstetrician performed a Caesarean section soon after observing signs of fetal distress or due to maternal or fetal risk factors like large babies or the fetus lying in an unusual position prior to birth.  

Failure to Treat 

Failure to treat covers a wide range of situations, but the bottom line is that this failure contributed to the patient’s demise. Examples may include: 

• Failure to refer a patient to an appropriate specialist 
• Failure to conduct appropriate testing 
• Recommending an improper treatment that worsened the condition 

Premature Discharge 

If a patient is discharged from the hospital prematurely or does not receive follow-up care and succumbs to their condition, healthcare providers may prove liable for the death.  

Suing a Hospital for Wrongful Death 

When suing a hospital for wrongful death, you must show that the facility and its medical professionals did not adhere to accepted medical practice.   

Wrongful deaths due to hospital mismanagement often occur due to inadequate staffing, a lack of skilled staff, or system-wide defects. Improperly maintained equipment may have led to the patient’s death. The hospital may not have terminated employees found to be incompetent or engaging in unsafe practices. A patient may die from a fall if the hospital does not establish a sound fall prevention program. 

Process for Wrongful Death Claims Due to Medical Malpractice 

In a successful wrongful death case, the family members and a New York wrongful death lawyer must prove that the decedent would have had grounds for a personal injury lawsuit if they had not succumbed to their medical malpractice injuries.  

Your wrongful death lawyer conducts a thorough investigation of the circumstances behind your loved one’s death. They will:  

• obtain your family member’s medical records, interview eyewitnesses.  
• hire medical experts to testify that medical malpractice occurred and how it happened. 
• determine which parties may prove liable and name them as defendants in the lawsuit. 
• calculate all damages to which survivors are entitled.  

Because of the complicated nature of most wrongful death cases, it is imperative to hire a New York wrongful death lawyer that specializes in malpractice claims, like our trusted team here at Douglas & London.  

Potential Damages in Wrongful Death Cases  

Many states have imposed caps on damages for medical malpractice. New York is not one of them. Damages, or compensation, in a wrongful death case may include: 

• Medical costs  
• Funeral and burial expenses  
• Lost wages 
• Loss of future earnings  
• Loss of services the decedent provided to their family 
• Loss of care, support, and guidance to surviving children 
• Pain and suffering endured by the decedent before death 

Although the loss of a loved one causes immense pain and suffering to survivors, under New York law the personal representative or survivors cannot seek damages for their grief. Such damages are only available in terms of the decedent’s pain and suffering.   

Statute of Limitations for Filing a Wrongful Death Case 

In New York, the statute of limitations for filing a wrongful death case is two years from the death date. Failing to file a lawsuit by that deadline usually means the case cannot go forward. The sooner you take action, the stronger your case will be and the more likely you are to see a favorable outcome. 

Who Can File a Wrongful Death Case in New York? 

In New York, only surviving family members or the personal representative of the estate can file a wrongful death case. The personal representative files the case on behalf of the heirs.  

Contact a New York Wrongful Death Lawyer at Douglas & London 

If you lost a family member due to medical malpractice on the part of a healthcare provider or hospital, you need the services of a compassionate wrongful death lawyer in New York City at Douglas & London. Schedule a free, no-obligation consultation today.  

Because we work on a contingency basis, you pay no fee unless you receive compensation. While many wrongful death cases due to medical malpractice are settled, we will take your case to trial if the insurance company fails to agree to a reasonable settlement.