When a patient dies because of healthcare provider negligence, surviving family members may have grounds for a medical malpractice wrongful death lawsuit. These cases are among the most complex wrongful death claims, requiring expert medical testimony to prove that substandard care—not the underlying illness—caused death.
What Constitutes Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the standard of care—the level of treatment that a reasonably competent provider in the same specialty would provide under similar circumstances.
Proving malpractice requires establishing:
- Duty – A doctor-patient relationship existed
- Breach – The provider violated the standard of care
- Causation – The breach caused or contributed to the death
- Damages – The death resulted in compensable losses
Common Types of Fatal Medical Errors
Diagnostic Errors
- Failure to diagnose – Missing cancer, heart disease, or infections until too late
- Delayed diagnosis – Correct diagnosis comes too late for effective treatment
- Misdiagnosis – Wrong diagnosis leads to wrong (or no) treatment
Surgical Errors
- Operating on wrong body part
- Leaving instruments inside patients
- Anesthesia errors – Wrong dosage, failure to monitor, intubation problems
- Post-surgical negligence – Failure to monitor for complications
Medication Errors
- Wrong medication prescribed
- Wrong dosage – Often fatal, especially with children or elderly
- Dangerous drug interactions – Failure to check for contraindications
- Pharmacy dispensing errors
Treatment Errors
- Failure to treat – Not providing necessary treatment
- Improper treatment – Treatment below accepted standards
- Failure to refer – Not sending patients to needed specialists
Hospital System Failures
- Inadequate staffing – Too few nurses or physicians
- Communication failures – Information not passed between shifts or departments
- Hospital-acquired infections – Poor sanitation and infection control
- Equipment failures – Malfunctioning or improperly maintained devices
Proving Causation in Medical Cases
Causation is often the most contested element in medical malpractice wrongful death cases. Defendants argue that the patient would have died from their illness regardless of any negligence.
Plaintiffs must prove that:
- The patient would have survived (or survived longer) with proper care
- The death resulted from the malpractice, not the underlying condition
- The negligence was a substantial factor in causing death
Loss of Chance Doctrine
Some states recognize loss of chance claims—allowing recovery even when proper care wouldn't have guaranteed survival, but would have given the patient a better chance. If malpractice reduced survival odds from 40% to 10%, the patient lost a 30% chance of survival that has compensable value.
Expert Witness Requirements
Medical malpractice cases virtually always require expert medical testimony. Experts must:
- Be qualified in the relevant medical specialty
- Explain the applicable standard of care
- Identify how the defendant breached that standard
- Connect the breach to the patient's death
Many states require plaintiffs to obtain an expert opinion before even filing the lawsuit, through certificate of merit requirements or affidavits of merit.
Who Can Be Held Liable
Physicians
The treating physician is the most obvious defendant, but multiple doctors may share responsibility:
- Primary care physician who missed warning signs
- Specialist who provided inadequate treatment
- Surgeon who committed surgical errors
- Radiologist who misread imaging
Hospitals
Hospitals may be liable for:
- Employed physician negligence (vicarious liability)
- Nursing staff errors
- System and policy failures
- Inadequate staffing or training
- Credentialing failures (allowing incompetent physicians to practice)
Nurses and Other Staff
Nurses, pharmacists, technicians, and other healthcare workers can be individually liable for their negligent acts.
Damage Caps in Medical Malpractice
Many states impose special damage caps on medical malpractice cases, often limiting non-economic damages (pain and suffering, loss of companionship) to amounts between $250,000 and $750,000.
These caps can significantly reduce compensation in wrongful death cases, particularly when:
- The deceased was elderly or retired (limited economic damages)
- Non-economic losses dominate the claim
- The cap is lower than in other wrongful death cases
Special Procedural Requirements
Medical malpractice claims often face additional hurdles:
- Certificate of merit – Expert opinion required before filing
- Medical review panels – Some states require panel review before court
- Notice requirements – Advance notice to providers before suing
- Shorter statutes of limitations – Often two years or less
- Expert witness qualifications – Strict requirements on who can testify
Wrongful Death vs. Survival Claims
Medical malpractice deaths often involve both claims:
- Survival claim – The patient's suffering between the negligence and death
- Wrongful death claim – The family's losses from losing their loved one
Both claims can be pursued to maximize total recovery.
Case Complexity and Duration
Medical malpractice wrongful death cases are lengthy and expensive:
- Extensive medical record review required
- Multiple expert witnesses needed
- Depositions of treating physicians
- Cases often take 2-4 years or longer to resolve
- Costs for experts can reach tens of thousands of dollars
Conclusion
Medical malpractice wrongful death cases require specialized expertise to navigate complex medical issues, stringent procedural requirements, and determined defense by healthcare providers and their insurers.
An experienced medical malpractice attorney can evaluate whether your family has a viable claim, obtain necessary expert opinions, and handle the substantial litigation requirements these cases demand. Many cases that families assume are straightforward turn out to be complicated, and consultation with a specialist is essential before proceeding.