What happens if medical malpractice leads to death?

June 16, 2022 | Crandall & Pera Law
What happens if medical malpractice leads to death?

Ohio patients expect their doctors to give them only the best quality care. Medical malpractice is a problem that can still happen. However, what happens if that situation leads to death?

How often do medical errors result in death?

Medical malpractice commonly involves medical errors. While most of those errors might cause harm to patients who survive, others die from the mistakes. Doctors and other health care professionals are held to a high standard to provide quality medical care. Unfortunately, a variety of factors could result in negligence that can hurt the patient. Most deaths stemming from medical malpractice are otherwise preventable. If a person dies from errors made by a doctor or medical staff, the surviving family members have the right to file a lawsuit.

Is an autopsy required for a death stemming from medical malpractice?

It’s fair to wonder if an autopsy should be done when a person dies from medical malpractice. When the family plans to file a lawsuit, an autopsy can serve as proof that negligence on the part of the doctor or other medical provider directly led to the victim’s death. The autopsy should not be performed by the hospital the patient was in when they died. This could lead to certain problems due to the medical staff involved in the death working at that facility. The safest thing to do is for the family to have an independent autopsy done by an outside medical examiner.

What are the criteria for filing a lawsuit?

The surviving spouse or children can file a medical malpractice or wrongful death lawsuit after the loss of their loved one. Whichever type of case they choose, the claim must be filed with the court within two years of the person’s death.