Can You Sue a Hospital for a Wrongful Death in Kentucky?

It is devastating to know that your loved one lost their life because of the actions of another person. When that is due to the mistakes a hospital, that you trusted, made, it makes sense that you want to seek justice. Can you sue a hospital for a wrongful death in Kentucky?

The short answer is yes, you can sue a hospital if you can demonstrate that they were negligent and that is what led to the loss of life. There are several factors to consider in this situation to prove that a wrongful death occurred.

Speak with a Lexington wrongful death attorney following the loss of a loved one.

Demonstrate that the Hospital Owed Your Loved One a Duty of Care

The first component of the process is demonstrating that the hospital owed your loved one a duty of care. For example, was the person a patient at the time of the incident?

Was there an established level of care being provided and promised?

Demonstrate That the Hospital Breached Their Duty of Care

What makes hospital lawsuits more complicated is that not everything that happens in a hospital is the hospital’s fault. There are many situations in which a person may suffer serious injuries and losses, but the hospital administration did not do anything to cause that to occur.

Hospitals can be sued for wrongful death when they are negligent in providing services or goods that are required to keep the patient alive and out of danger.

For example, if a person died because a hospital failed to maintain oxygen equipment, and that equipment failed, causing the death, you can sue the hospital for that.

Because of these complicated matters, it is challenging to seek legal action against a hospital. As a result, it is often essential to work with an attorney who can evaluate all aspects of the case.

The Breach of Duty of Care Caused the Accident

The next component to prove is that there is a direct relationship between the breach of the duty of care and the accident itself.

For example, if you can show that the company did not maintain its oxygen equipment, such as through a lack of documentation of maintenance and upkeep or a known faulty working system, you can then show that the breach led to the accident.

The Accident Caused the Death

Ultimately, you must also demonstrate that the breach of the duty of care caused the accident and that the accident is exactly what caused the person to lose their life. In the above scenario, if a person’s oxygen equipment failed and that caused them to die, you might be able to hold the hospital accountable.

Conversely, if a person died because of a heart attack, but there is no evidence that the oxygen failure caused that heart attack, you may be unable to seek compensation.

Unraveling the Complexities of Hospital Lawsuits

Because the victim is not here to state what happened or to provide their insight, it is critical that victims hire a wrongful death attorney with specific experience in navigating hospital-related claims.

Doing so gives you the advantage of using your attorney’s experience to build a clear claim to demonstrate all components of negligence. Without any of these four elements, it may be impossible to sue a hospital for the wrongful death of your loved one in Kentucky.

If you believe your family has a case, making the decision to contact an experienced legal team can make all the difference. The attorneys at Gary C. Johnson, P.S.C. have the knowledge and resources to guide you through these complex cases and help you pursue the justice your loved one deserves.