Wrongful Death Medical Malpractice Lawsuits: Standing, Damages, Doctor vs. Hospital Liability

Medical errors cause a quarter-million deaths per year, according to a 2016 Johns Hopkins study. This estimate ranks medical malpractice as the third leading cause of death in the United States behind heart disease and cancer.

Counsel bringing or defending wrongful death medical malpractice lawsuits must understand the applicable state statutes, regulations, and established standards of care concerning hospital employees and doctors that may be liable for the underlying injury.

While wrongful death laws differ from state to state, several issues are common to all types of wrongful death cases, such as: (1) who can file a wrongful death lawsuit on behalf of the deceased's estate, (2) how a person can get appointed to represent the estate, and (3) what types of damages are allowed in a wrongful death case.

Both hospitals and doctors can be held liable in a wrongful death lawsuit. In any given case, the responsible party depends on the specifics of the negligent act.

Listen as our authoritative panel of practitioners provides an overview of wrongful death medical malpractice lawsuits, including common wrongful death statutory provisions, discusses common injuries leading to death, covers how to determine the liable party, and reviews how to assess damages.

1. Discussion of state statutes governing wrongful death claims
2. Identifying liable parties
3. Who has standing to bring the wrongful death claim
4. Conducting discovery and recognizing the standard of care
5. Assessing damages

The panel will review these and other relevant topics:

• What are the key steps to develop or defend against a wrongful death medical malpractice lawsuit?
• What are the unique issues of standing involved in wrongful death claims?
• How are damages assessed in wrongful death claims?