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A wrongful death is an unexpected, tragic occurrence that is typically caused by negligent actions. Going through an unfortunate event like this generally takes a long-period of time for people to cope with. If you had a loved one pass away from a wrongful death, we are sending you our deepest condolences. 

While you are going through this difficult time in your life, you may be asking yourself how you can get closure from this unfortunate incident. If you would like to sue the individual at-fault, it would be best for you to reach out to a wrongful death attorney. The victim’s heir(s) are given the right to attain compensation for economic and non-economic damages that were triggered by their loved one’s wrongful death.

West Coast Trial Lawyers will make sure you get the justice you deserve for the loss of your loved one. Our Long Beach wrongful death attorneys have over 60 years of collective legal experience with handling personal injury. We have won over 5,000 cases and $1 billion in settlements for our clients. With the amount of success we have achieved, we are confident that you will not be disappointed in our services. No fees will be charged until we win or settle your case. To schedule a free, no-obligation consultation at our Long Beach personal injury law firm, please contact our legal team by calling (562) 396-9874 or emailing [email protected] We are available 24/7 to take your calls or messages.

What Constitutes As Medical Malpractice? 

Medical malpractice occurs when a doctor or medical expert commits improper or reckless actions that leave the patient injured or dead. There could be various actions committed that can negatively impact a patient, such as incorrectly diagnosing their problem or providing them with the wrong treatment plan. Common considerations relating to medical malpractice include:

  • Negligence causing injury or death. Two requirements must be met in order for medical malpractice to occur. This includes:
  • The doctor violated a standard of care.
  • The patient must provide evidence of their suffering because of the doctor(s) failure.
Both of these circumstances must be met to qualify as medical malpractice. If the victim fails to show proof that the doctor caused the injury, then there will be no case.
  • Violating the standard of care. Medical standards are established for medical experts to follow. Patients are fully trusting that their doctor's medical decisions will be determined based on these standards. If they choose to ignore the rules, then they may act negligently or carelessly and potentially cause harm. 
  • Victim suffered serious damages from the injury. Medical malpractice lawsuits are typically very expensive. It would be ideal for the victim to pursue this case if there is significant damage done. If it is a small case, then it may not be worth pursuing. The victim will likely spend more on the case compared to the recovery they will receive if they win. 

In summary, patients must show proof that their injuries caused their medical expenses, and may therefore qualify for emotional distress, lost wages, or pain and suffering.

Examples Of Medical Malpractice 

There are different types of situations relating to medical malpractice that can result in lawsuits. This includes:

  • Deliberately ignoring lab results.
  • Incorrectly diagnosing a patient.
  • Not reading the lab results correctly.
  • Mistakes being made during a procedure.
  • Failing to notice the patient’s symptoms. 
  • Recommending surgeries that are not necessary.
  • Assigning the wrong medication or medication dosage.
  • Ordering the wrong lab tests.
  • Not properly setting up a follow-up or aftercare.
  • Showing a lack of care or attention for a patient’s past history of health problems.
  • Not taking a patient’s history too seriously. 
Here are some situations that do not qualify as a medical malpractice:
  • When the patient’s health is getting worse. A doctor is not responsible for the patient’s health problems worsening while they are undergoing treatment. The doctor can administer medication or surgery to help improve the patient’s health condition. However, if treatment does not help, then the doctor is not at-fault. As long as the doctor is showing reasonable care, then this scenario does not fall under medical malpractice.
  • When the patient has a condition that is not treatable. There are certain types of illness that do not have effective treatment for a patient. If the doctor makes a proper diagnosis and comes up with a treatment plan that could help improve the patient’s health, then this is not medical malpractice.
Wrongful Death Lawsuit Against A Hospital A hospital will be held liable for a patient’s death if:
  • The doctors or nurses showed carelessness or negligence towards the patient. 
  • The hospital is hiring negligent employees that are not doing their job correctly.
  • The hospital is not showing interest in repairing equipment or checking to see how the employees are administering medical care. 
Independent Contractor Liability 

A hospital is not liable for negligent actions committed by a doctor or nurse towards a patient since they are not employed under the hospital. It can be a difficult process to figure out whether or not they are employed by the hospital. Their employment contracts must be reviewed to fully understand the amount of control the hospital has over them. 

If the hospital does have a significant amount of control over the doctor or nurse, then the court can identify them as employees. It is best to hire a Long Beach wrongful death attorney to help you with this type of case.

Employee Negligence

There are different types of negligent actions a doctor could do to be guilty of medical malpractice. This includes:

  • Misdiagnosing the patient.
  • Assigning the wrong medication or medication dosage.
  • Mistakes made during surgery.
  • Handling pregnancy or childbirth carelessly.

If an employee performs reckless actions resulting in the passing of a patient, then the hospital will be responsible for the wrongful death.

Nurses And Medical Malpractice

Nurses are expected to give patients professional medical care. This will give patients the comfort of knowing that they are in good hands. However, there have been cases where nurses mistakenly performed a wrong action that resulted in an injury or death. This includes:

  • Providing the wrong medication or dosage.
  • Administering medication at the wrong time.
  • Not reporting symptoms or complaints the patient is having.
  • Not appropriately checking the patient’s vital signs.
  • Showing no interest or care in regularly checking up on a patient to make sure they are okay.
Hospital Negligence 

A hospital could also perform negligent actions when it comes to how they execute their services. This includes:

  • Keeping employees who are unlicensed or reckless. 
  • Improperly checking whether healthcare providers are licensed.
  • Understaffing. 
It is expected for a hospital to establish safety rules. Ideal actions to take note of include:
  • Employees must wash their hands. 
  • Time must be taken to properly label and manage patient medication. 
  • Preventing patients from experiencing serious falls or other injury hazards.

Overall, it is important for hospital employees to observe their patients and make sure they are all safe once they step foot in the facility.

Contact Us

If your loved one was a victim of wrongful death due to the negligence of a doctor, nurse, or hospital, West Coast Trial Lawyers has experienced Long Beach wrongful death attorneys that will get you the justice you deserve. Our attorneys will help you recover financial and emotional compensation for damages such as emotional distress, property damage, lost wages, medical bills, or pain and suffering. We offer a free, no-obligation consultation at our Long Beach personal injury law firm. No fees are paid until your case is settled. Reach out to our legal team 24/7 by calling (562) 396-9874 or emailing [email protected]

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