It is a devastating irony: the healthcare system that is supposed to heal and protect patients sometimes causes their deaths. Medical errors are the third leading cause of death in the United States, claiming more than 250,000 lives each year according to research published in the BMJ. When a patient dies as a result of a healthcare provider's negligence, the family may have a wrongful death claim based on medical malpractice.

Common Causes of Fatal Medical Malpractice

The types of medical negligence that most frequently lead to patient deaths include:

  • Diagnostic failures: Failure to diagnose cancer, heart disease, stroke, pulmonary embolism, or other life-threatening conditions in time for effective treatment.
  • Surgical complications: Fatal errors during surgery, including uncontrolled bleeding, anesthesia errors, and damage to vital organs.
  • Medication errors: Administering the wrong medication, wrong dose, or a medication to which the patient has a known allergy.
  • Hospital-acquired infections: Failure to follow proper infection control protocols, leading to fatal infections such as sepsis, MRSA, or C. difficile.
  • Failure to treat: Discharging a patient prematurely or failing to provide appropriate follow-up care.
  • Birth-related deaths: Maternal or infant deaths caused by obstetric negligence during labor and delivery.

Unique Challenges in Medical Malpractice Wrongful Death Cases

Medical malpractice wrongful death cases are among the most complex and challenging types of litigation. They require extensive medical expertise to establish the standard of care, identify how the provider deviated from that standard, and prove that the deviation caused the patient's death rather than the underlying medical condition.

These cases also face procedural hurdles that do not apply to other types of wrongful death claims. In North Carolina, the plaintiff must obtain a Rule 9(j) certification from a qualified medical expert before filing suit. In Georgia, an expert affidavit must accompany the complaint. These requirements underscore the importance of working with attorneys who have deep experience in medical malpractice litigation.

Damages in Medical Malpractice Wrongful Death Cases

Families who lose a loved one to medical malpractice may recover compensation for the full range of wrongful death damages, including medical expenses incurred before death, funeral and burial costs, lost future income, loss of companionship and consortium, the patient's pre-death pain and suffering, and in some cases, punitive damages for particularly egregious conduct.

Our Approach

At Dr. Ted Injury Law, Sarah Mitchell and Lisa Chen lead our medical malpractice wrongful death practice. Sarah's decades of medical malpractice experience combined with Lisa's background as a registered nurse give our team a unique ability to analyze complex medical cases and build compelling arguments. We work with leading medical experts nationwide to investigate these cases and hold negligent healthcare providers accountable.

Contact us at (800) 555-HURT for a free, confidential consultation.