I’m wondering if I can file a wrongful death suit for my daughter

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I’m wondering if I can file a wrongful death suit for my daughter

I believe my 12 year old daughter died after a
procedure she had done while in the hospital. Her dr
has told me that the attending dr made mistakes the
morning of her procedure that should have been
done before the procedure and if they had been
done he does not believe she would have died.

Asked on June 27, 2016 under Malpractice Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Sorry to hear about your daughter.
Wrongful death is negligence. You can name both the doctor and hospital as defendants in your lawsuit.
Negligence on the part of the doctor is the failure to exercise due care which is that degree of care that reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.
Negligence on the part of the hospital is the failure to exercise due care which is that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm.
Prior to filing your lawsuit, it may be possible to settle the case with the doctor's malpractice insurance carrier and the hospital's insurance carrier.
Your wrongful death claim filed with both insurance carriers should include your daughter's medical bills and medical reports/records.
Compensation for the medical bills is straight reimbursement. The medical reports will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with both insurance carriers (doctor and hospital) NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence (wrongful death). 
If the case settled with one but not both parties, only name the party with whom the case has not settled as a defendant.
If the case is NOT settled, your lawsuit for wrongful death must be filed prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.


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