Medical Negligence Wrongful Death Cases
April 26, 2013
Medical errors and negligence can lead to the death of a patient. When it does, a claim is more than one for medical negligence; it becomes a wrongful death case.
Medical errors and negligence can lead to the death of a patient. When it does, a claim is more than one for medical negligence; it becomes a wrongful death case.
Cases relating to obstetrical malpractice are often the most complex and costly cases a lawyer will handle. Part of the reason is that the injuries are often so catastrophic: a child may be born with cerebral palsy or brain damage that will result in huge care costs for the child’s lifetime. Those care costs can amount to many millions of dollars. And, of course, the impact of a disabled child on the parents can be life-long and devastating to their family.
In almost every medical malpractice claim, there are related medical expenses that were paid by health insurance or by a government program, such as Medicare or Medicaid. What most people don’t realize is that, when there is a settlement of a malpractice claim, the health insurance company or the government program usually has a right to be repaid all or part of the amounts it paid for medical care caused by the malpractice.
All medical negligence attorneys deal with cases in which a surgical error or mistake caused great injury or even death. The difficulty is in proving that the surgeon was negligent. The mere fact of a bad outcome does not establish negligence, and the burden is on the claimant to present expert testimony that the surgeon was negligent in causing the injury.
A recent trend in Washington is changing the face of hospital medical care. Hospitals are merging, acquiring other hospitals, or otherwise entering into arrangements for some kind of operating control or joint practice. Examples include Swedish Medical Center, which has taken over the former Stevens Hospital (now called Swedish Edmonds). Swedish, in turn, is now in a partnership arrangement with the Providence hospital group in Washington, Oregon, and Alaska.
Many potential clients who contact us about a case emphasize that, in their case, the medical negligence was clear or egregious. Of course, proving that a medical provider was negligent is the first step in a case. But the second step – proving causation – is often the more difficult burden to meet.
A recent article debunking the “myths” about medical malpractice appeared in a surprising publication: Chest. This is a journal published by the American College of Chest Physicians. Although the myths listed are those commonly held by physicians, they are also widely held by the public.
A study in the current issue of the Journal of Patient Safety says the number of deaths that occur because of preventable errors and mistakes in a hospital may be between 210,000 and 440,000 patients each year.
For the last several decades, the medical associations, pharmacy companies, and the insurance companies for both, have contended that there is a “malpractice crisis” in the United States. As a result, they have said, medical costs are escalating and doctors are leaving their medical practices.
