Securing a
Future for
our Clients

When a death occurs in medical malpractice

On Behalf of | Jul 5, 2022 | Medical Malpractice |

Medical malpractice is a leading cause of death in the U.S. Patients often file death lawsuits against negligent medical providers or their practices. The procedure for filing a malpractice suit in Illinois is slightly different when a death is involved.

Proving negligence

Medical malpractice that involves a death must include proof that the medical provider acted negligently and the accidental death was directly linked to the act of negligence. An autopsy is often used as the most convincing evidence to prove the cause of a fatality. The plaintiff or defendant can request an autopsy to determine the exact cause of death and how soon death occurred to the patient while he or she was in care.

Filing a case

A medical malpractice case may include filing a wrongful death lawsuit to recover the financial losses for the family. The work involves proving that the doctor provided a service to the patient and guaranteed a professional standard of care. Then, there must be proof that the doctor failed to provide efficient care and caused an accidental death.

When hospitals are liable

The hospital can be found liable for a patient’s death. This occurs if one of their medical providers acted negligently due to the organization’s faulty policies or procedures. Knowingly hiring incompetent doctors or nurses, ineffective or outdated training for the staff and requiring the use of defective medical equipment are a few reasons that hospitals are sued.

The family of the deceased victim often pursues a medical malpractice lawsuit. The case involves proving that the professional’s negligence directly or indirectly caused the patient’s death. An autopsy report shows the cause of death, which is helpful to either the plaintiff or the defendant. In addition, a medical malpractice case could lead to the filing of a wrongful death lawsuit.