When you entrust a hospital with the care of someone you love, you expect competent treatment and professional attention. But when serious mistakes occur and result in death, you are instead left devastated and searching for answers.
A wrongful death lawsuit is a civil legal action that allows surviving family members to seek compensation when someone dies due to another party’s negligence or misconduct. In the context of hospital care, this means holding medical facilities accountable when their failures contribute to a preventable death.
Common Types of Hospital Negligence Leading to Death
Hospital negligence can take many forms, and some errors prove fatal. While individual professionals may make mistakes, hospitals themselves can be directly responsible for systemic failures that endanger patients.
The following are examples of hospital-level negligence that can lead to wrongful death:
- Failing to maintain proper staffing levels, leaving patients without adequate supervision
- Inadequate training or oversight of medical personnel
- Defective or poorly maintained medical equipment
- Unsanitary conditions that lead to infections
- Medication errors due to poor protocols or pharmacy mistakes
- Failure to properly screen and credential medical staff
When nurses, administrative staff, and other employees are acting within the scope of their employment, the hospital typically shares responsibility for their negligence. Additionally, hospitals have a legal duty to properly credential and monitor the physicians who practice within their facilities—even independent contractors. If a hospital fails to adequately screen a doctor’s qualifications or ignores red flags about substandard care, it can be held accountable for harm caused by that provider.
Who Can File a Wrongful Death Lawsuit Against a Hospital in Missouri?
If you lost a loved one due to hospital negligence, you likely have grounds for a wrongful death claim. However, only certain people may file a wrongful death lawsuit in Missouri:
- If the children have already passed away, their descendants may file instead.
- When no immediate family members from this primary category survive, the law allows siblings or their descendants to pursue the claim.
- In cases where no qualifying family members exist, the court can appoint a plaintiff ad litem. This representative acts on behalf of those entitled to recover damages.
FREE CONSULTATIONS
Seek Justice After Wrongful Death. Contact a Kansas City Wrongful Death Attorney
How to Prove Wrongful Death in a Hospital Setting
To establish a wrongful death claim based on hospital negligence, you must meet specific legal standards. Specifically, you must prove the following elements:
- Duty of care: The hospital owed a duty to provide competent medical care to your loved one
- Breach of duty: The hospital or its staff failed to meet the accepted standard of care
- Causation: This breach directly caused or substantially contributed to your loved one’s death
- Damages: Your family suffered losses as a result of the death
An attorney for wrongful death claims in Kansas City can gather evidence to establish each of these elements and prove how the hospital’s actions—or the actions of its employees—fell short.
Speak with a Kansas City Wrongful Death Lawyer Today
Losing a loved one due to medical negligence is devastating, and no amount of compensation can truly ease that pain. However, holding a hospital accountable through a wrongful death lawsuit can provide your family with the justice and financial security you deserve.
A Kansas City wrongful death lawyer can evaluate your case, answer your questions, and help you understand whether you have grounds for a claim. Contact an attorney today and learn how you can hold the hospital accountable.