A Wrongful Death Attorney in Philadelphia on Wrongful Death: The Hospital’s Mistake or the Doctor’s Mistake?
If a person dies in a hospital due to medical malpractice, the estate of the deceased can file a wrongful death action for damages. The question often becomes who was at fault, the hospital or the doctor? It will require a wrongful death attorney in Philadelphia, assisted by a Medical Expert, to make that determination.
A Doctor’s Liability
Many wrongful death cases can be complex and all must be evaluated independently on the facts. However, a wrongful death lawyer in Philadelphia knows that there are certain recurring errors which doctors commit, including:
- Surgical errors
- Anesthesia errors
- Misreading x-rays
- Failure to treat or admit emergency room patients
- Birth delivery errors
A Hospital’s Liability
A key consideration that a wrongful death attorney in Philadelphia will consider is whether the doctor is an employee of the hospital or an independent contractor. Generally speaking, the hospital may share liability if the doctor is an employee, but likely will not if the doctor is an independent contractor.
Among the areas where the hospital may be directly negligent and for which wrongful death lawyer in Philadelphia can assist survivors include:
- Failure to establish proper protocol to ensure patient safety, such as, for example, sanitation
- Failure to verify the credentials and licenses of either employees or independent contractors
- Failure to maintain a sufficient number of staff necessary for the number of patients
Suing the Doctor, the Hospital or Both
Your wrongful death attorney in Philadelphia will explain that this decision is as much a tactical consideration as a legal one. The dollar amount of the projected damages will be weighed against the limits of the doctor’s malpractice insurance. If sufficient, your wrongful death attorney in Philadelphia may exclude the hospital from the lawsuit, even in circumstances where the hospital may share some liability. If both are sued, both will retain separate counsel and you are fighting on two fronts.
Contact a Wrongful Death Lawyer in Philadelphia for Legal Advice
If you believe your loved one died as the result of medical malpractice, you owe it to him or her to hold those responsible accountable. Contact Gerard G. Bernhardt, Jr.& Associates, P.C., a wrongful death attorney in Philadelphia, at 1650 Market St. Suite 5500, Philadelphia, PA 19103, phone/215-854-0315 or fax/215-854-0083.