Doctors and hospitals are required to provide professional quality care to all patients. If a facility falls short and provides substandard care, the victim of this medical negligence may pursue a personal injury claim to recover compensation for losses. Unfortunately, in some cases, medical mistakes can lead to fatalities.
If your loved one has been killed, you may be able to sue a doctor or hospital for wrongful death in San Diego. You need to understand the legal requirements of making a wrongful death claim in order to determine if you can sue or negotiate a settlement to obtain compensation. A San Diego wrongful death lawyer at Injury Trial Lawyers can help you throughout the process of investigating the death and taking legal action.
When You Can Sue a Doctor or Hospital for Wrongful Death in San Diego
You can sue a doctor or hospital for wrongful death in San Diego if:
- The healthcare provider had a duty to your deceased relative.
- Every healthcare provider has an obligation to patients to provide a level of care that is reasonable under the circumstances. The behavior of the doctor and the policies of the hospital are compared to a similar physician or institution with a similar background in a similar area.
- Whether the duty was breached.
- If the hospital or doctor provides substandard care based on the industry standards, then the healthcare provider is said to have breached the duty of care. This can be considered medical negligence, and it can give rise to a claim for medical malpractice.
- Whether your loved one was killed as a direct result of the breach of duty.
- You may only sue a doctor or hospital for wrongful death in San Diego if you can prove the death happened as a direct result of the medical care received (or if it resulted from omissions in medical care that should have been received). If your loved one would have died from the underlying medical condition no matter what the care provider did or did not do, it becomes more difficult to make a claim for compensation.
- Whether you suffered losses due to the medical negligence.
- You will need to show that actual losses occurred as a result of the medical negligence exhibited by the doctor or by the hospital. For example, if the healthcare provider caused you to lose your spouse, you have lost companionship, family income and your sexual relationship. You have also lost the value of any services the deceased provided to your household, and you may have incurred medical expenses or funeral costs. You should be compensated for these wrongful death damages. Typically, only dependents or close family members with actual losses can sue a doctor or hospital for wrongful death in San Diego.
Injury Trial Lawyers can help you to determine if you have a wrongful death claim. We can also help you to obtain medical records; find experts to testify on your behalf; and assist you in proving your claim so you will have the best chance of negotiating a favorable settlement or convincing a jury to compensate you. Call today to schedule a consultation and learn more.
Injury Trial Lawyers
1230 Columbia Street #560
San Diego, CA 92101