When you’ve lost a loved one and hospital negligence is to blame, it is natural for you to want to hold the hospital accountable and wonder whether you could sue the hospital. The answer is yes, you can sue the hospital under certain circumstances by bringing a wrongful death lawsuit against them.
However, bringing a wrongful death lawsuit against a hospital in New York involves a complex legal process that requires a strong case built on strong evidence, expert testimony, and a clear understanding of malpractice laws, undoubtedly requiring the assistance of New York wrongful death lawyers.
At Gabriel Law, we understand the emotional and financial turmoil that compels families to file wrongful death lawsuits. Our compassionate wrongful death attorneys are committed to standing for your loved ones and achieving justice and compensation by not letting the hospital get away with the wrongful death of your loved one.
Wrongful Death in New York Hospital Setting
A wrongful death action can arise when an individual’s death is caused by the “wrongful act, neglect, or default” of the defendant. In the context of a hospital, this means that a patient’s death was due to the misconduct or negligence of a healthcare provider. The ‘healthcare provider’ could be a doctor, nurse, the ambulance service, or the hospital itself. Potential examples of situations that can form the basis of both medical malpractice and wrongful death lawsuits include:
- Misdiagnosis/Delayed diagnosis
- Errors in surgery
- Mistakes in medication
- Anesthesia errors
- Inadequate patient monitoring
- Infections acquired in hospitals due to poor sanitation
According to a survey conducted by the Department of Health and Human Services, between 2019 and 2024, New York had the highest number of medical malpractice payments, with 129.2 payments for every 1000 practitioners. The same study also found that it had one of the lowest disciplinary action rates, with 92.5 adverse actions reported for every 1000 practitioners.
Establishing Hospital Liability in Wrongful Death Cases
In New York, only the personal representative of the deceased’s estate (i.e., executor) may file a wrongful death action. These actions will be filed on behalf of the deceased’s surviving relatives, also known as the “distributees.” As per New York’s statute of limitations, a wrongful death suit must be filed within 2-years of the death of the deceased. As such, it must be shown that:
- A duty of care was owed by the hospital to the deceased,
- The hospital breached the duty of care with its negligence/misconduct,
- The breach caused or significantly contributed to the death, and
- The surviving family members suffered losses due to the death.
Hospitals are vicariously liable for the actions of nurses and technicians since they are considered “employees.” However, many doctors at hospitals are “independent contractors,” which makes proving the hospital’s liability complicated. Gabriel Law’s experienced medical malpractice lawyer in NYC can help you make the distinction and help focus your efforts on those truly responsible.
Claiming Damages From the Hospital
In New York, you can be compensated for both tangible and intangible losses, allowing you to request economic, non-economic, and punitive damages in your suit. As such, some common losses claimed in wrongful death lawsuits include:
- Medical expenses connected to the final injury/illness
- Funeral and burial costs
- Loss of potential wages and benefits
- Loss of parental guidance, love & support
- Loss of inheritance
The pain and suffering of surviving family members is not covered in these suits. This requires the filing of a separate claim known as a “survival action.” New York does not place a cap on the amount of compensation that can be claimed; there are considerations that go into determining the compensatory amount:
- The age, health, and life expectancy of the deceased
- The earning capacity and financial contributions of the deceased
- The value of the services provided by the deceased to their family
- The severity of the hospital’s negligence
- The strength of evidence supporting the wrongful death lawsuit.
Based on these factors, the parties may choose to settle outside court or proceed to trial and let the judge and jury decide. Whether it be out of or in court, our Brooklyn wrongful death lawyers will be there to help and fight for your compensation.
Conclusion
Bringing a wrongful death action against a hospital involves navigating through a complex legal process during an especially difficult time for surviving family members. At Gabriel Law, we understand the emotional and financial burdens that come with losing a loved one to medical negligence, and our experienced wrongful death attorneys will be there to help every step of the way, gathering evidence, building your case, and ensuring that you receive the justice and compensation you deserve.