When medical negligence causes death in Los Angeles, families can pursue wrongful death claims against healthcare providers.
Medical malpractice is a leading cause of wrongful death in Los Angeles. When healthcare providers fail to meet the standard of care, families deserve justice.
Common Medical Errors
Misdiagnosis or delayed diagnosis of serious conditions, surgical errors, medication errors, anesthesia mistakes, birth injuries resulting in death, and failure to monitor patients properly.
Standard of Care
Medical malpractice requires proving the healthcare provider breached the standard of care and this breach caused death. Expert physicians testify about what competent doctors would have done.
Who Can Be Liable
Doctors, nurses, hospitals, anesthesiologists, pharmacists, laboratory technicians, and medical facilities all can be held liable for fatal errors.
Hospital Liability
Hospitals can be liable for their own negligence in credentialing, staffing, policies and procedures, and supervision, as well as for employee negligence.
Proving Causation
You must prove the malpractice caused death. This requires medical experts who testify the patient would have survived with proper care.
Wrongful Death vs. Survival
The wrongful death claim compensates family members for their loss. A survival claim compensates the estate for the deceased’s pain and suffering before death.
Economic Damages
Despite caps, economic damages can be substantial: lifetime lost earnings, loss of household services, medical expenses before death, and funeral and burial costs.
Expert Requirements
Medical malpractice cases require expert testimony. Attorneys work with physicians, nurses, and other medical experts to prove negligence and causation.
Statute of Limitations
Medical malpractice wrongful death claims must be filed within one year of death or three years of the malpractice, whichever is earlier.
Notice Requirements
Before filing suit, California requires giving healthcare providers 90 days’ notice. An attorney ensures proper notice and preserves your claim.
Certificate of Merit
Attorneys must file a certificate of merit confirming a medical expert reviewed the case and believes malpractice occurred.
Settlement Challenges
Medical malpractice insurance companies aggressively defend claims. They have extensive resources and experienced attorneys. You need equally experienced representation.
Reviewing Medical Records
Attorneys obtain and review all medical records with medical experts to identify where care fell below standards.
Multiple Defendants
Medical malpractice cases often involve multiple defendants: attending physicians, consulting physicians, hospitals, and other healthcare providers. An attorney identifies all liable parties.
Autopsy Importance
An autopsy can provide crucial evidence about cause of death and whether malpractice contributed. Families should consider requesting an autopsy.
Justice and Accountability
Medical malpractice wrongful death claims provide financial compensation and hold negligent providers accountable, preventing future deaths.
No one expects to lose a loved one to medical error. When it happens, an experienced medical malpractice attorney fights for your family’s rights and maximum compensation.
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