The sudden loss of a loved one is devastating for families, especially when it was caused by someone else’s negligence. Families are often left to deal with funeral costs, medical costs, and unanswered questions, during this difficult time.
Fortunately, in Ohio, families have the right to hold negligent parties accountable for the loss of their loved ones.
Wrongful Death In Hospital Settings
A wrongful death claim is a civil lawsuit that can be brought against a person or organization whose actions resulted in someone’s death. This includes hospitals and other healthcare facilities.
Hospitals are responsible for ensuring that their medical providers give patients the highest level of care. If these medical providers fail to meet the standard of care and cause a patient’s death, the hospital may be held accountable.
Examples of negligence that could lead to a wrongful death lawsuit against a hospital include:
- Preventable errors made by medical staff that kill a patient.
- Knowingly employing under qualified medical staff.
- Unsanitary conditions lead to the spread of deadly infections.
- Improper patient care protocols.
- Using unsafe equipment.
- Inadequate medical staff training.
Wrongful Death vs Medical Malpractice Lawsuits
Wrongful death and medical malpractice lawsuits are different, despite overlapping in some cases. Medical malpractice occurs when a medical provider fails to meet the standard of care, causing harm to their patient.
If that injury leads to patient death, it is considered a wrongful death, since a negligent act caused death. In situations like this, the family may be able to file both claims against the hospital.
How To Prove Negligence
To hold a hospital accountable for wrongful death, four key elements must be proven:
- Duty of Care. It must be shown that the hospital and its staff had a duty to care for the patient. This is usually proven by presenting medical records showing the patient was under the care of the hospital’s medical staff.
- Breach of Care. It must be proven that the hospital or its staff failed to reach the standard of care. This means they didn’t provide the level of care any reasonable provider would give.
- Causation. It must be established that the breach of care directly caused injuries that resulted in patient death.
- Damages. Lastly, it must be shown that the patient’s death caused emotional and financial damage to their loved ones. This can include the cost of medical bills, loss of income, funeral expenses, and loss of consortium.
Who Can Sue For Wrongful Death In Ohio?
Under Ohio Revised Code Section 2125.02, the only person who can file a wrongful death case is the deceased’s personal representative. This representative is elected by the deceased before their death, or by the courts, to be in charge of the estate. Typically, individuals appoint their spouse or child to be their representative.
However, while the personal representative is the only person who can file the case, they are not the only person who can receive compensation.
Individuals who can receive compensation in a wrongful death lawsuit include the:
- Spouse
- Children
- Parents or legal guardians
In most cases, these are the only individuals who can receive compensation, unless others can prove the decedent’s death caused emotional and financial damages.
Damages That Can Be Recovered
In wrongful death claims, the main damages that can be recovered are economic and non-economic.
- Economic damages cover the financial losses resulting from the death. These can include the deceased’s lost income and funeral and medical expenses.
- Non-economic damages compensate for the mental hardships that the family endured, including loss of consortium and emotional pain.
Time Limit To File a Wrongful Death Lawsuit
The time limit a personal representative has to bring a lawsuit is known as the statute of limitations, and it varies from state to state. In Ohio, personal representatives have 2 years from the date of death to file a wrongful death lawsuit.
However, if both a medical malpractice and wrongful death claim are being filed, it needs to be filed within one year of the malpractice. This is because the statute of limitations for medical malpractice is only 1 year.
Role of Wrongful Death Lawyers
Complex lawsuits are difficult to win, so we highly recommend seeking the help of a wrongful death attorney to assist your family with the case.
These attorneys can help your family throughout the legal process to get justice for your loved one.
Wrongful death attorneys will:
- Investigate the circumstances around your loved one’s death, so they can determine who was liable
- Build a case by looking through evidence, talking with witnesses, and discussing the circumstances with medical experts.
- Negotiate with hospitals to get the family a reasonable settlement.
- Represent the family in court and advocate for them.
How Our Wrongful Death Attorneys Can Help
Losing a loved one due to negligence is heartbreaking and life-altering. While nothing makes it easier, your family may be able to receive justice through a wrongful death lawsuit. Our experienced team is here to support your family and advocate for your loved one.
Contact our Cleveland office today by calling (440) 333-3800 to schedule a free initial consultation.