Can a Hospital Be Liable for Wrongful Death Caused By Medical Negligence In Arizona?

We naturally expect our loved ones to receive skilled, competent care in a hospital, where the sole purpose of the facility is to provide care and save lives. When a hospital’s negligence contributes to a preventable death, a Phoenix hospital negligence lawyer can help determine who is legally responsible and pursue compensation on your family’s behalf.

What Types of Arizona Medical Malpractice Causes Wrongful Death?

A controversial research study suggests that medical malpractice may be the third leading cause of death in the U.S. When a doctor or medical facility’s negligence or medical mistake causes a loved one’s death, it’s a devastating betrayal of trust and a legal violation of the provider’s duty of care.

The most common causes of medical malpractice that sometimes result in wrongful death include the following:

• Misdiagnosis
• Delayed diagnosis
• Medication mistakes
• Anesthesia errors
• Surgical errors
• Hospital-borne infections
• Failure to treat
• Failure to order the appropriate diagnostic tests
• Misinterpreting test results
• Failure to diagnose an infection 
• Insufficient post-surgical monitoring
• Premature patient release from hospitalization
• Failure to obtain a complete patient history

It often takes an experienced investigation with access to renowned medical experts to determine the cause of death and pinpoint the liable party.

When Is a Hospital Liable for Medical Malpractice Wrongful Death?

Hospitals often insulate their facility against medical malpractice claims by using independent contractors as doctors rather than direct employees, especially in emergency rooms and surgical units. However, the hospital itself may be liable for medical malpractice and wrongful death damages under the following circumstances:

• If the death was caused by a doctor’s negligence, and the doctor was a hospital employee
• If the hospital used negligent hiring practices by allowing an inexperienced or unqualified doctor to work in their facility
• If the wrongful death was caused by an administrative error, such as failing to obtain complete patient records or misidentifying a patient
• When a hospital’s insufficient staff training practices result in the spread of a hospital-borne infection that causes a patient’s death

In some cases, a hospital may be held liable for wrongful death from medical malpractice within its facility even if the negligent doctor isn’t an employee. Legal precedents have been set in cases of ostensible agency, when a patient assumes that a doctor is a hospital employee, and for corporate negligence, or when the death results from non-delegable duties, meaning the hospital cannot delegate its duty of care to patients by using independent contractors.

Proving Hospital Liability for a Medical Malpractice Wrongful Death In Arizona

All medical providers have a legal duty of care to their patients, which they must uphold when providing treatment. This duty of care applies to hospitals and medical facilities as well as to individual doctors. Proving medical malpractice in wrongful death claims requires evidence that the case meets the following standards of liability:

• A doctor/patient relationship was in place at the time the malpractice occurred
• The medical provider or facility owed a duty of care to the patient, requiring them to treat the patient at the standard of care accepted by the medical community
• They breached the duty of care through negligence
• The breach of duty caused the wrongful death
• The family members of the decedent experienced damages from their loved one’s death

In Arizona, only a spouse, parent, guardian, or child may file a wrongful death claim. If none of those close surviving family members files a claim, an estate representative may file on behalf of the estate.

How Does a Hospital Negligence Attorney Help My Case?

A successful claim against a hospital requires careful handling, assertive action, and meticulous attention to filing details, deadlines, and legal requirements. Your attorney at Knapp & Roberts will carefully investigate your case, review your loved one’s medical records, and consult with renowned medical experts to establish the hospital’s liability. Then, we carefully calculate your family’s total damages and seek the full compensation available to you.

Most claims are resolved through a settlement from the hospital’s medical malpractice insurance, especially with a well-executed legal strategy and an evidence-backed demand package sent to the insurer to begin negotiations. Still, at Knapp & Roberts, we prepare every case as though for trial from start to finish, so we remain trial-ready should the insurer fail to offer an ample settlement for your family’s total damages.

What Damages Are Recoverable In a Medical Malpractice Claim Against a Negligent Hospital in Arizona?

It’s sometimes an advantage to surviving family members to file a claim against a hospital rather than an individual doctor because hospitals have greater insurance coverage, allowing the family of a wrongful death victim to recover the full value of their economic losses. Common damages recovered in Arizona medical malpractice wrongful death claims include the following:

• Reimbursement for medical expenses
• Funeral and burial costs
• The claimant’s lost income during bereavement
• Loss of the decedent’s income for the earning years they would have had remaining to them had they not died from the medical malpractice
• Loss of benefits, such as health insurance and retirement contributions
• Loss of household services, including caring for the home and children, and/or maintaining a yard, car, and home
• Compensation for emotional grief and anguish
• Compensation for the loss of a spouse’s companionship and consortium, or a parent or child’s love and guidance, or support

A successful claim against a negligent hospital helps grieving family members feel a sense of justice and closure, while also alleviating the financial losses that can lead to hardship for those left behind.

Understanding the Importance of an Arizona Medical Malpractice Attorney

Hospitals are often backed by large corporations with powerful insurance companies and legal teams with goals to protect their profits. This is in direct conflict with a family’s objective to recover the compensation they deserve for an egregious, preventable loss caused by a hospital’s negligence or medical malpractice.

An Arizona medical malpractice lawyer evaluates each claim and helps clients understand how a renowned law firm uses decades of experience, knowledge, and its reputation for exceptional results to their advantage in their Arizona medical malpractice wrongful death claim.