Can You Sue A Hospital For Wrongful Death In Ohio?

Losing someone that you love, especially after they had a hospital stay, is a difficult and emotional experience. If you think that the death of your loved one could have been avoided, you may be wondering if the hospital is responsible and what you can do about it.

In some situations in Ohio, you can sue the hospital for wrongful death. To do so, you must show that the death was caused by a wrongful act, or medical negligence, and that the right party files the lawsuit within the right deadline.

Key Takeaways

• Wrongful death lawsuits are filed by the personal representative of the estate, not by the family members.
• Most wrongful death lawsuits are filed within two years of the date of death, although medical-care-related lawsuits may involve an additional time limit, such as a medical claim statute of repose.
• Hospital liability depends on who made the mistake and the legal theory used to establish the hospital’s connection to the person who made the mistake.

When Can A Hospital Be Sued For Wrongful Death?

A hospital can be liable for the actions and decisions of its staff if the negligence of those working for the hospital causes the death. If the deceased would have been able to bring a damages claim against the liable party, then the personal representative of the estate would be able to bring a survivorship claim in addition to a wrongful death claim.
Possible failures leading to hospital wrongful death cases include:

• Failure to properly diagnose and triage the patient
• Medication errors
• Surgical and procedure errors
• Infection and sepsis
• Patient falls and safety errors
• Staffing and communication errors

This is not an exhaustive list. There may be more than one failure in a hospital wrongful death case. The key is whether the hospital’s actions or failures led to the patient’s death.

Who Can File A Wrongful Death Lawsuit In Ohio?

Many families are surprised to learn that the laws in Ohio state that a wrongful death case must be brought in the name of the personal representative of the deceased (also known as the executor or administrator of the estate).

The lawsuit is filed for the benefit of the individuals that the law states as being the beneficiaries. These include:

• The surviving spouse
• The children
• The parents
• In some cases, other next of kin

As this process involves the estate, there will typically be a probate step involved. If you are not sure who the personal representative is, a wrongful death attorney can help you sort this out quickly.

What Do You Have To Prove In A Hospital Wrongful Death Case?

Hospital wrongful death cases involve the presentation of evidence that proves failure or medical negligence on the part of the responsible party led to the patient’s death. The outcome of a wrongful death case ultimately depends on the evidence that proves the elements required for the hospital to be held liable.

In most cases, the plaintiff must show that the following elements are proven:

• That the hospital employees owed the patient a duty of care;
• That the duty of care was breached;
• That the breach in the duty of care was the cause of the patient’s death;
• That the designated beneficiaries of the patient’s death suffered damages as provided for under Ohio law.

In most cases where the standard of care provided to a patient is in question, expert review is a critical component of the case. The Ohio Rules of Civil Procedure require the submission of an affidavit of merit with a complaint that includes a “medical claim,” except in a few specific situations.

Hospital Liability: Employment, Contracts, And “Agency” Issues

Hospital liability often depends upon whether the hospital employs the doctor, whether they are independent contractors, or whether they are part of a separate practice group. One of the main ways to sue a hospital is on the principle of vicarious liability, which means that the hospital is responsible for the negligence of that particular individual.

There are also provisions in Ohio case law regarding “agency by estoppel” in the context of hospital defendants. These factors mean that the case can quickly become quite technical. Determining the proper defendant is crucial, as failing to do so limits your options for effective litigation.

What Compensation Is Available In An Ohio Wrongful Death Lawsuit?

While no lawsuit will fix what you and the deceased have suffered, Ohio law does provide for some form of compensation to address the financial and emotional losses of the surviving family. Ohio law also allows compensation for funeral and burial expenses.

Under Ohio law, the type of damages that can be recovered in a wrongful death suit may include compensation for:

• Loss of financial support that the deceased provided to the surviving family
• Loss of services that the deceased provided to the surviving family
• Loss of society and the mental anguish that results from losing companionship and care
• Loss of prospective inheritance
• Mental anguish of the surviving family and next of kin

The amount generally depends on the specific facts, your family circumstances, and the evidence you provide. Our team of attorneys can also be a great help in guiding you to understand if there are any other claims that might also apply alongside wrongful death.

Understanding The Deadlines In Ohio Hospital Wrongful Death Cases

Deadlines are one of the biggest traps in wrongful death cases and medical claims. The following deadlines are applied to wrongful death cases in Ohio:

• The limitation period for wrongful death is generally two years from the date of death.
• Ohio’s statute of limitations for medical claims is one year. Providing written notice will extend the deadline by 180 days.

The deadline that applies to your case depends on a variety of factors. If you are unsure how close you are to any deadline, it is wise to get legal advice right away.

What To Do If You Suspect A Hospital Caused A Loved One’s Death

When you are grieving, it is difficult to think like an investigator. Nevertheless, there are certain steps that will be of assistance to you in discovering what you need to know.

Here are actions that are usually helpful early:

• Write down a timeline of what happened
• Request the medical records
• Save any paperwork
• Make a list of people who can confirm what they saw
• Avoid having detailed conversations with insurance companies

Talk to a wrongful death lawyer who will discuss your situation and get medical experts involved when it’s time for review.

Can You Sue A Public Hospital In Ohio?

In some instances, the hospital involved will be connected to a government entity. This can complicate matters regarding immunity, special procedures, and the rules that may otherwise apply.

While these cases are more complicated, the determination that a hospital is “government-run” does not mean that there is no case to be made. This is yet another reason to get a detailed legal review of your situation.

How YD Legal Can Help

Hospital wrongful death cases are among the most document-intensive and expert-dependent personal injury cases in Ohio. You need someone who can find the right defendants quickly and efficiently and produce the medical evidence you need to prove your case.

If you would like to discuss your case and what options you may have, you can reach out to YD Legal for a free consultation.

Contact YD Legal Today

FAQ: Suing A Hospital For Wrongful Death In Ohio

Can you sue a hospital and a doctor for wrongful death?

Yes, you should always sue both the hospital and the doctor, provided you have a meritorious claim that has been reviewed by a medical expert.

Who files the wrongful death case?

The person acting as the personal representative of the deceased’s estate files the case. The deceased’s surviving spouse, children, parents, and other next of kin will be the beneficiaries of the lawsuit.

How long do you have to file a wrongful death suit in Ohio?

Two years is the standard time period for wrongful death claims. However, if the wrongful death was the result of medical negligence, there may be additional time limits. It is always recommended that you consult with an attorney to determine the deadline by which you should file a lawsuit.

Do you need an expert to file a wrongful death claim against a hospital?

In most cases, yes. The Ohio rules require an affidavit of merit to be included in the filing of a medical claim. There are some exceptions to this rule, though, and the court may extend the time limit to file the suit for good cause and sufficient evidence.

What kind of damages are available for wrongful death in Ohio?

Compensatory damages are available to the surviving next of kin. The types of damage that can be awarded include loss of support, loss of services, loss of society, loss of prospective inheritance, mental anguish, and funeral/burial costs.