Can You Sue a Hospital for Wrongful Death?

One question our Chicago medical malpractice lawyers answer for grieving clients is, “Can you sue a hospital for wrongful death?” Yes, when the negligence of a hospital’s employees or affiliated doctors causes the death of a patient, you can sue a hospital for wrongful death. The hospital bears responsibility for this negligence because of the employee-employer relationship or respondeat superior.

If a hospital’s employees or affiliated physicians provide negligent care or perform surgery improperly, causing a patient’s death, the hospital can be sued for wrongful death. These cases often require reviewing medical records for hospital negligence, consulting experts, and questioning providers.

Wrongful death claims can be challenging, so it’s important to consult a wrongful death lawyer after a loved one’s death. They can help determine if you have a case and identify who is responsible.

What You Should Know

Here are key considerations for filing a wrongful death lawsuit against a healthcare provider or a hospital:

Is It Medical Malpractice or Wrongful Death?

Determining if a death caused by negligence is a medical malpractice claim or a wrongful death claim is important for legal proceedings. While related, these terms are distinct.

In Illinois, any death caused by negligence, including medical errors and malpractice, is classified as wrongful death. These cases are complex and usually require medical reports and affidavits for filing a lawsuit to hold the medical practitioner or hospital responsible.

How to File a Wrongful Death Claim

To file a wrongful death claim against a hospital in Illinois, surviving family members must open an estate in Probate Court and be appointed as a personal representative, either as an executor named in a will or by petitioning to become an estate administrator.

For more information on how to complete this process, see the comprehensive Probate Court Handbook from the Lake County 19th Judicial Circuit.

Why Enlist the Help of a Wrongful Death Attorney?

Filing a wrongful death claim for medical malpractice requires opening an estate and obtaining medical records, affidavits, and a health provider’s report, as mandated by Illinois law 735 ILCS 5/2-622. This process can be complex and costly, so consulting an experienced attorney is essential.

Can a Hospital Be Held Liable for Wrongful Death?

Hospitals can face wrongful death lawsuits under vicarious liability if employees act negligently, though many limit liability by hiring independent contractors. They may also be held responsible for negligence in hiring, defective medical equipment, unsafe practices and medical procedures, or inadequate policies that harm patients.

Can a Doctor Be Held Liable in a Wrongful Death Claim?

Doctors can also be held responsible if their malpractice or medical negligence results in the wrongful death of their patients. To prove wrongful death against a doctor, a plaintiff must show that the doctor:

1. Owed a professional duty of care to their patient
2. Breached their professional duty of care
3. Caused the patient’s death as a result of that breach
4. Inflicted damages such as pain and suffering, lost wages, grief, and loss of affection

Can You Sue Both the Hospital and the Doctor for Wrongful Death?

In cases of a wrongful death suit, both the doctor and hospital can be held liable, especially in hospital settings where multiple caregivers are involved. If several parties contributed to the death through negligence, they should all be named in a single lawsuit, allowing the jury to assign fault to each defendant.

Is It Hard to Sue a Doctor or Hospital?

In accordance with Illinois statute 735 ILCS 5/2-622, suing a hospital or doctor requires a plaintiff to include an affidavit and report from a qualified health professional confirming the case has merit. The health professional must have relevant expertise, review the case details, and provide a written report. This requirement applies to all defendants, with a separate affidavit needed for each.

Will a Wrongful Death Lawsuit Against a Hospital Take Longer?

The timeline for resolving a wrongful death lawsuit varies widely. Simple cases may settle quickly, while complex cases, especially those against hospitals, can take months or longer. Patients suing hospitals may encounter delays as legal teams work to defend their clients, with hospitals often using every resource available to challenge claims.

Can You Sue a Hospital Years After a Death?

In Illinois, wrongful death lawsuits must be filed within two years of when the plaintiff knew or should have known about the injury, but no later than four years after the death (735 ILCS 5/13-212). Exceptions exist for minors, who have up to eight years or until their 22nd birthday to file a wrongful death action, whichever comes first.

How Much Can You Get for Suing a Hospital?

Wrongful death cases against hospitals in Illinois can seek compensation under the Wrongful Death Act and the Survival Act for damages such as pain and suffering, lost wages, medical expenses, and emotional grief. Plaintiffs may also claim loss of consortium and recover funeral and burial costs. Settlement amounts or jury awards depend on the injuries involved, the claims brought, and the likelihood of success at trial, as evaluated by insurance companies.

Get Help From an Experienced Wrongful Death Attorney

Contact the experienced medical malpractice attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers to strengthen your wrongful death case against medical professionals or a hospital. We can review your case, consult experts, and communicate with the hospital to help achieve the maximum possible financial recovery.