The loss of your loved one may have come as a great shock to you and your family. This may especially be the truth if their physical condition was not considered to be life-threatening in the first place, and if they were under the supervised care of a hospital staff through it all. In this state of confusion where you are looking for answers, you may think about the possibility that the hospital staff acted negligently when attending to your loved one. This is otherwise known as the hospital being at fault for your loved one’s wrongful death. Follow along to find out whether a wrongful death claim can be placed against a hospital and how a proficient New York City hospital negligence attorney at Mark L. Bodner, P.C. can help put this in effect.
Can a wrongful death claim be placed against a hospital in New York State?
The short answer is, yes, it is very much possible to file a wrongful death claim against a hospital. To do so, a plaintiff must be able to prove the following circumstances as true:
- A death occurred, and the hospital’s negligent actions directly caused it.
- The decedent would have been eligible to file a cause of action against the hospital if they had survived.
- The decedent had one or more survivors who suffered economic and non-economic losses as a direct result of their death.
Further, below are examples of negligent actions by a hospital that may constitute such a legal claim:
- A nurse gave an overdose of a prescription medication to your loved one.
- A surgeon critically punctured an internal organ during your loved one’s surgery.
- An anesthesiologist gave an overdose of anesthesia during your loved one’s surgery.
- A doctor failed to diagnose your loved one before their condition turned life-threatening.
Who is eligible to file a wrongful death claim in New York State?
Before you dive into the paperwork for a wrongful death claim, you must confirm you are qualified to sue the hospital in the first place. That is, only certain individuals related to the decedent are allowed to file wrongful death claims in New York State. These individuals may then have to split the recovery amongst themselves accordingly. The eligibility criteria read as follows:
- You are the surviving spouse, child, or parent of the decedent.
- You are the personal representative for the estate of the decedent.
- You are the court-appointed guardian of the decedent’s surviving minor child or children.
- You are the surviving dependent sibling, cousin, or grandparent of the decedent, but only under certain circumstances.
Now that you have this background knowledge, your next step should be to employ a talented New York City hospital negligence attorney to represent you. So contact us at Mark L. Bodner, P.C.