A: Hospital malpractice can lead to the death of a patient. Surviving family members may be able to bring wrongful death and survival actions against the doctor as well as the hospital. In hospital malpractice cases, the hospital may be liable for its actions and inactions which led to or contributed to the patient’s death. Such claims are brought in addition to the claims against the doctor, specialist or hospital employee whose negligence caused the death.
Under Pennsylvania law, wrongful death claims are brought on behalf of the survivors and provide compensation for the economic losses caused by the death. For example, medical bills, lost wages, and funeral expenses are examples of some of the economic damages recoverable in a wrongful death action.
Survival actions are those which technically belong to the deceased and are based on the pain and suffering of the deceased after the negligent act occurred and prior to death. Such claims pass to the survivors who make the claim on behalf of the deceased.
Related Legal Articles:
- The Statute of Limitations in Pennsylvania Wrongful Death and Survival Cases
- Corporate Negligence Claims in a Pennsylvania Hospital Malpractice Lawsuit
- Pennsylvania Hospital Medical Malpractice Law – Theories of Negligence Against Hospitals
If you’d like to have your case reviewed by our Pennsylvania wrongful death lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The wrongful death lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: July 18, 2012