If a loved one dies in the hospital is it automatically medical malpractice? The short answer is no, just because a loved one dies in the hospital does not automatically mean that it was because of medical malpractice.
IF A LOVED ONE DIES IN THE HOSPITAL, IS IT MEDICAL MALPRACTICE?
Death alone may not be enough to prove that your loved one’s death was a wrongful death based on medical malpractice. Legally you must show that the treating doctor, hospital or medical staff fell below the standard of care and that ultimately caused the death of your loved one.
WHAT MUST I SHOW TO PROVE THAT MY LOVED ONE DIED FROM MEDICAL MALPRACTICE
If a loved one dies in the hospital while under a doctor’s care you must prove that the death was the result of the actions or inaction(s) of the doctor, hospital or medical staff. A death alone is not enough to prove that the death was due to medical malpractice.
In Maryland to prove medical malpractice, you must show that the medical staff fell below or deviated from the standard of care. The deviation caused the death of your loved one and as a result, you or your loved one suffered harm/injury.
In order to start to prove the necessary elements, Maryland medical malpractice attorneys speak with other medical professionals. These professionals will draft reports stating how the treating professional deviated from the standard of care, if this is the case, resulting in the death of your loved one.
WANT TO TALK ABOUT YOUR MEDICAL INJURY?
If you or a loved one have suffered a medical injury or death at the hands of a doctor while in the state of Maryland this is what I advise you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer questions like yours all the time related to medical injuries, child birth injuries and wrongful death all the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle
Chevy Chase, Maryland 20815