Filing A Wrongful Death Lawsuit Against A Pennsylvania Hospital


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You expect to receive quality medical care when you are treated at a hospital. Whether visiting the emergency room after an accident, undergoing routine surgery, or delivering your first baby, you have every right to believe you will be given the best medical care possible.

But what happens when the hospital fails to uphold its duty? What happens when patients die because the hospital is unprepared? What happens when the doctors and nurses are not equipped with the necessary knowledge and equipment?

When it comes to medical care in a hospital, every second counts. If the hospital has been negligent in its preparations and operations, the patients are the ones who can pay the ultimate price. If you believe that your spouse or a close loved one died because of negligence from the hospital where they were treated, filing a wrongful death lawsuit is one option to obtain legal justice.

How Does Negligence Occur At A Hospital?

With so many individuals involved every step of the way during a patient’s medical treatment, it becomes difficult to imagine that negligence can occur. The doctors, nurses, surgeons, and all healthcare providers have others to whom they must report. They are required to keep detailed medical charts for each patient, and there are protocols that guide the treatment process for every individual seen at the hospital.

Unfortunately, when so many moving parts are involved, it can also become easy for things to get overlooked. If one person fails to do their job or makes a conscious decision not to follow the protocols in place, wrongful death is a very real possibility. There are two main ways that negligence occurs in a hospital.

  1. Negligence on behalf of the doctors, nurses, surgeons, anesthesiologists, and other healthcare providers who are employed by the hospital
  2. Negligence on behalf of the hospital itself when it comes to employees, equipment, operations, and management

What Happens When A Hospital Employee Is Negligent?

This is one area that can get a little tricky when it comes to pursuing legal action. In many instances, doctors and nurses simply act as independent contractors while working at a hospital, which means that they are not actually employees of the facility. However, there are also situations where a hospital may have a significant amount of control over its independent contractors.

When it comes to addressing a hospital's liability because of negligent employees, you will need a legal professional to investigate and consult on the matter. It’s not always a black-and-white issue of whether or not the hospital directly employed them, so it is best to have a legal expert address your questions on a case-by-case basis. Sometimes you can file a wrongful death lawsuit against the hospital; sometimes, you cannot.

What Happens When The Hospital Is Negligent?

Wrongful death can also occur when the hospital itself is negligent. This is possible in several different ways. A hospital can exhibit negligence if:

  • The hospital failed to establish and implement necessary safety protocols for both healthcare providers and patients
  • The hospital administration failed to verify that all healthcare providers were licensed, competent, and able to provide quality care to patients
  • The hospital failed to eliminate any employees who did not meet the necessary standards that should have been in place
  • The hospital constantly understaffed both physicians and nurses
  • Outdated medical equipment was not repaired or replaced in a timely manner
  • Operating and examination rooms were not equipped with the necessary equipment and supplies

How Do I File A Wrongful Death Lawsuit Against A Pennsylvania Hospital?

If you have reason to believe that your spouse or loved one died because of negligence on the part of a hospital in Pennsylvania, you have every right to pursue legal action. By filing a wrongful death lawsuit, you will be able to seek compensation through a civil trial for the damages you experienced because of the death. Those damages can include:

  • Medical expenses associated with the injury and hospital stay
  • Loss of income, including both the present and future loss
  • Loss of love and companionship
  • Pain and suffering
  • Funeral and burial expenses
  • Any other expenses or losses associated with the death

The critical step to filing a lawsuit in Pennsylvania is hiring an experienced wrongful death attorney with the knowledge and resources to represent your family’s best interests.

Why Choose Ross Feller Casey For Your Wrongful Death Case?

The Ross Feller Casey law firm has a national reputation for winning record-setting recoveries in catastrophic injury cases, including many involving wrongful death due to hospital negligence. We have helped many families and can help yours, too. 

We have top Ivy League-educated doctors on our staff who review medical records and assist our attorneys with case preparation. Additionally, we have the resources to ensure no stone is left unturned in your wrongful death claim. 

For more information on filing a wrongful death lawsuit against a hospital in Pennsylvania, contact the attorneys at Ross Feller Casey for your free consultation today. We handle all our cases, including wrongful death lawsuits, on a contingency basis. That means you won’t have any fees until we win or settle your case. 

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.