Can You Sue a Hospital for Wrongful Death in Ohio?
Posted in Accident & Injury, Drug & Medical Devices, Health & Wellness on August 26, 2024
Losing a loved one due to the negligence of a hospital is a devastating experience. If you believe that a hospital’s actions or inactions led to the wrongful death of your family member, you might wonder if you can take legal action against the institution. In Ohio, the answer is yes—under certain circumstances, you can sue a hospital for wrongful death.
When is a Hospital Liable for Wrongful Death?
Wrongful death is legally defined as a death caused by the “wrongful act, neglect, or default” of another party. A hospital can be held liable for wrongful death if the death was caused by the negligence of its employees or by the hospital’s own failures. This includes:
- Negligence by Hospital Employees: If a nurse, doctor, or other healthcare provider employed by the hospital made a negligent error that led to death, the hospital could be held responsible.
- For example, a nurse may administer the wrong medication or dosage to a patient, leading to a fatal reaction. The hospital could be held liable for the nurse’s negligence, especially if it resulted from a lack of proper protocols or oversight.
- Hospital Management Failures: The hospital might be liable if the wrongful death resulted from poor oversight, inadequate training, failure to maintain equipment, or negligent hiring practices.
- For example, the hospital does not maintain or properly inspect its medical equipment, such as ventilators or defibrillators. If a patient dies because a piece of equipment malfunctions during treatment, the hospital may be liable for failing to ensure its equipment was in working order.
However, if the hospital did not directly employ the negligent healthcare provider but was instead an independent contractor, the hospital may not be held liable.
What Must Be Proven in a Wrongful Death Lawsuit Against a Hospital?
To successfully sue a hospital for wrongful death in Ohio, you must provide evidence that answers critical questions, including:
- Employment Status: Did the hospital employ the negligent healthcare provider, or were they an independent contractor? Hospital liability often hinges on this distinction.
- Deviation from the Standard of Care: Could another similarly trained and equipped healthcare provider have avoided the fatal error? Proving that the standard of care was unmet is critical in these cases.
- Hospital’s Role in the Negligence: Did the hospital’s management practices, such as supervision, oversight, or hiring decisions, contribute to the negligence that caused the death?
Common Causes of Wrongful Death
Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Common causes of wrongful death include:
- Car Accidents: This is one of the most frequent causes of wrongful death. Accidents can result from negligent driving behaviors such as speeding, distracted driving, drunk driving, or reckless driving.
- Medical Malpractice: Healthcare professionals may be liable for wrongful death if a patient dies due to misdiagnosis, surgical errors, medication errors, or other forms of medical negligence.
- Workplace Accidents: Dangerous work environments, lack of proper safety measures, equipment failure, or inadequate training can lead to fatal accidents, particularly in industries like construction, manufacturing, and mining.
- Product Liability: Defective or dangerous products, such as faulty machinery, toxic substances, or unsafe pharmaceuticals, can cause fatalities. Manufacturers, designers, or distributors may be held liable for wrongful deaths.
- Premises Liability: Property owners or managers may be responsible for wrongful death if someone dies due to unsafe conditions on their property, such as slip and fall accidents, inadequate security, or exposure to hazardous substances.
- Nursing Home Abuse and Neglect: Elderly residents in nursing homes can suffer fatal injuries due to abuse, neglect, inadequate medical care, or poor living conditions.
- Criminal Acts: Homicides and other violent crimes that result in death can lead to wrongful death claims against the perpetrator, even if they are also facing criminal charges.
- Aviation and Boating Accidents: Fatalities resulting from airplane crashes or boating accidents, often due to operator error, mechanical failure, or inadequate safety measures, can also constitute wrongful death.
- Public Transportation Accidents: Fatalities involving buses, trains, or other public transit vehicles due to driver negligence, mechanical failures, or improper maintenance can result in wrongful death claims.
- Animal Attacks: Fatal injuries caused by animal attacks, particularly by dogs, may result in wrongful death claims if the owner was negligent in controlling or restraining the animal.
The Statute of Limitations in Ohio
You have just two years from the date of the incident to file a lawsuit. Ohio law imposes a strict statute of limitations on wrongful death cases, and only a personal representative of the deceased person’s estate may bring a claim in Ohio. Given this tight deadline, it’s crucial to act quickly if you believe a hospital’s negligence led to your loved one’s death.
Call Elk + Elk’s Wrongful Death Attorneys
When you’ve lost a loved one as a result of someone else’s negligence, you need to protect your rights and the rights of your loved one. You need legal help, and you need experienced wrongful death lawyers or medical malpractice attorneys who understand the needs of those left behind in the wake of untimely tragedy.
We’re available 24 hours a day, seven days a week, 365 days a year. Call Elk + Elk at 1-800-ELK-OHIO or contact us online.
Elk + Elk is staffed with industry-leading wrongful death lawyers and medical malpractice attorneys in Ohio. Our legal team also includes paralegals, doctors, nurses, accountants, economists, analysts, researchers, investigators, and experts. We employ all of these professionals to prove the merits of your case beyond the shadow of a doubt – all without any upfront costs.