Can You Sue a Hospital for Wrongful Death?

The death of a loved one is always heartbreaking. But when that loss occurs because of hospital negligence or medical malpractice, the grief can feel unbearable, and the desire for justice overwhelming.

If you're wondering, "Can you sue a hospital for wrongful death?" The answer is yes, but only under certain circumstances. At the Jacob D. Fuchsberg Law Firm, our New York wrongful death lawyers have decades of experience helping families hold hospitals accountable for preventable tragedies. In this guide, we’ll explain how wrongful death claims work in hospital settings, when you may be able to take legal action, and what compensation might be available to support your family.

What Is Considered a Wrongful Death in a Hospital?

A wrongful death occurs when a patient dies as a result of medical negligence, error, or misconduct by a healthcare professional or institution. This could involve a doctor, nurse, technician, or even the hospital itself.

By recovering over $106 million for victims of medical negligence, we have seen firsthand why New York consistently ranks among the states with the highest medical malpractice payouts in the country. This track record serves as a powerful reminder of how often medical tragedies occur and reinforces our firm’s commitment to holding negligent hospitals accountable for every life lost.

Not every hospital death qualifies as wrongful death. Some patients pass away even when doctors and nurses provide appropriate, timely care. However, when a hospital’s actions deviate from accepted medical standards, for instance, through a misdiagnosis, the facility can be held legally responsible for the resulting loss of life.

Common Causes of Hospital Wrongful Death

Sadly, many hospital deaths could have been prevented with proper care. Some of the most common forms of hospital negligence that may lead to a wrongful death claim include:

• Misdiagnosis or delayed diagnosis
• Surgical mistakes
• Medication or dosage errors
• Anesthesia complications
• Failure to monitor a patient’s condition
• Neglecting to treat a serious medical issue, such as a spinal injury
• Hospital-acquired infections caused by poor sanitation

How to Prove a Hospital’s Liability in a Wrongful Death Case

To win a wrongful death lawsuit, you must prove that the hospital’s negligence directly caused your loved one’s death. Our exceptional New York hospital negligence attorneys will work to establish four essential elements:

1. Duty of care: The hospital owed a duty to provide safe, competent treatment.
2. Breach of duty: The hospital or its staff violated that duty through negligence or misconduct.
3. Causation: This breach directly led to the patient’s death.
4. Damages: The surviving family members suffered financial and emotional losses as a result.

Hospitals may be liable for the actions of their staff, including nurses and technicians. However, since many doctors are independent contractors, determining fault can be more complex. Our experienced wrongful death attorney will identify whether the hospital, a medical provider, or both should be included in your wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit Against a Hospital in New York?

In New York, the personal representative of the deceased's estate is typically the one who files a wrongful death action. This person is usually named in the will or appointed by the court. The wrongful death lawsuit is filed on behalf of the deceased's beneficiaries, who may include:

• Spouse
• Children
• Parents
• Other dependent family members

The spouse and children of your loved one who died have the first right to file a wrongful death claim. If they were unmarried and had no children, the wrongful death lawsuit may be brought by their parents or other close relatives.

How Much Can You Sue a Hospital for Wrongful Death?

Unlike some states, New York does not cap damages in wrongful death or medical malpractice cases. The potential compensation depends on several factors, including:

• The deceased’s age, health, and life expectancy
• Their income, earning potential, and household contributions
• The degree of negligence shown by the hospital
• The strength of medical evidence and expert testimony

Most wrongful death cases are resolved through settlements, but some go to trial where a jury or judge determines the final award.

Possible Damages in a Hospital Wrongful Death Lawsuit

When you sue a hospital for wrongful death, your family may be entitled to recover several forms of compensation, often divided into economic and non-economic damages.

Economic Damages

These are the measurable financial losses resulting from your loved one’s death. They can include:

• Final medical expenses related to the illness or injury that caused death
• Funeral and burial costs
• Lost wages and benefits your loved one would have earned
• Loss of inheritance that the surviving family members would have received

Non-Economic Damages

These damages address the intangible emotional and relational losses that accompany a wrongful death, such as:

• Loss of companionship and emotional support
• Loss of parental guidance for surviving children
• Loss of care, protection, and affection once provided by the deceased

Survival Action Damages

In addition to wrongful death compensation, the deceased’s estate may file a separate “survival action”. This allows recovery for the pain and suffering your loved one endured before their passing, as well as other damages that the deceased could have claimed had they survived.

Our Case Results: Real Settlements of Suing Hospitals for Wrongful Death

At the Jacob D. Fuchsberg Law Firm, we have a proven record of securing justice for families harmed by hospital negligence:

#1. Cancer Misdiagnosis: $1.25 Million

Managing Partner Bradley Zimmerman represented a 59-year-old man whose prostate cancer went undiagnosed for five years, progressing to stage 4 with bone metastasis.

#2. Improper Treatment: $700K

Partner Christopher Nyberg secured a verdict for the family of a 20-year-old who died after a Brooklyn hospital failed to treat his sickle cell crisis properly.

#3. Delayed Treatment: Confidential Compensation

Partner Keith H. Gross handled a case involving a 66-year-old retired MTA conductor whose brain bleed was mismanaged, leading to irreversible brain damage and death.

What Is the Statute of Limitations for Wrongful Death in New York?

In New York, the statute of limitations for filing a wrongful death claim is two years from the date of death. Missing this deadline usually means losing your right to compensation.

Because these wrongful death cases require thorough investigation, expert review, and medical documentation, it’s crucial to contact our wrongful death lawyer as soon as possible after the incident.

How a Wrongful Death Attorney Can Help Your Family

Dealing with a wrongful death case while grieving is incredibly difficult. A skilled New York wrongful death attorney can take the burden off your shoulders by:

• Evaluating the strength of your case
• Gathering and preserving crucial evidence
• Consulting medical experts to establish negligence
• Handling all legal filings and deadlines
• Negotiating with hospitals and insurance companies
• Representing you in court if necessary

At Jacob D. Fuchsberg Law Firm, we fight tirelessly to hold negligent hospitals accountable and ensure that families receive the justice they deserve.