Losing a loved one due to a hospital’s mistake is one of the most painful experiences a family can endure. The grief, the anger, and the unanswered questions can feel overwhelming. At the heart of these tragedies is the deep impact on families—and it’s a reminder of how critical accountability is in healthcare.
When navigating such difficult circumstances, a question we often hear is this: Can someone sue a hospital for wrongful death? It’s an important question, and it deserves a clear, straightforward answer: yes.
Let’s break it down so you can better understand your options and take steps toward justice.
What Is Hospital Liability in Wrongful Death Cases?
Hospitals hold a profound responsibility: to provide safe and competent care to every patient they serve. When that duty is not met, and it leads to the unthinkable—the loss of a loved one—the need for accountability becomes clear. Families deserve answers, justice, and a chance to begin healing.
At Cooper Elliott, our experienced team has stood with families in these challenging moments, helping them understand their rights and pursue justice. We have obtained significant jury verdicts at trial for clients. These verdicts are a reminder of what’s possible when we seek accountability and uphold the standards of care that every patient deserves.
For a free legal consultation, call 614-481-6000
Who Can File a Wrongful Death Claim?
In Ohio, wrongful death claims are governed by Ohio Revised Code Section 2125.01 and Ohio Revised Code Section 2125.02, which clearly outlines who can file a claim. The law states that only the personal representative of the deceased person’s estate can file the wrongful death lawsuit on behalf of the surviving family members, including:
-
Surviving spouse
-
Children (including adopted children)
-
Parents
The personal representative, typically appointed by a probate court, works with these beneficiaries and their legal counsel to pursue justice and compensation for the loss of their loved one.
When Hospitals Try to Avoid Liability
Hospitals may attempt to deflect responsibility when a tragedy occurs. They might blame individual doctors or nurses, or argue that certain physicians are independent contractors. While these arguments can complicate a case, they don’t eliminate the hospital’s potential responsibility. If a hospital fails to meet safety standards or doesn’t provide essential resources and it results in a wrongful death, it can and should be held accountable.
Click to contact our personal injury lawyers today
The Importance of Proving Hospital Negligence
Pursuing a case to sue a hospital for wrongful death involves demonstrating four main elements:
-
Duty of Care: Proving the hospital and medical staff had a responsibility to care for your loved one.
-
Breach of Duty: Showing that the hospital did not meet the expected standard of care.
-
Causation: Linking the hospital’s actions (or lack of action) directly to your loved one’s death.
-
Damages: Outlining the emotional and financial impact the death has had on your family.
Complete a Free Case Evaluation form now
The Impact of a Wrongful Death Settlement or Verdict
While no settlement or verdict can replace your loved one, it can provide financial stability and help you move forward. Compensation often covers:
-
Lost income and financial support
-
Medical expenses incurred before death
-
The emotional toll and loss of companionship
-
Contributions to the family, such as childcare or household management
Legal Deadlines: Time Matters
It’s important to be aware of legal deadlines. In Ohio, families typically have two years to file a wrongful death claim. While grieving takes time, acting promptly helps ensure your rights are protected.
Working Together Through This Process
Filing a wrongful death claim might feel overwhelming, but you don’t have to go through it alone. At Cooper Elliott, we’re here to support you from start to finish. We handle the legal details so you can focus on your family and healing. Our team will:
-
Investigate the case thoroughly
-
Gather evidence to prove negligence
-
Work with experts to establish your claim
-
Communicate with you every step of the way
Helping You Find Justice and Prevent Future Tragedies
Seeking justice for your loved one’s wrongful death can also help prevent similar mistakes in the future. Holding hospitals accountable encourages better standards of care and can make a difference for other families.
If you’re wondering whether you can sue a hospital for wrongful death or have questions about what to expect, we’re here to help. Let us guide you through this challenging process so you can find peace, answers, and a path forward.
Call or text 614-481-6000 or complete a Free Case Evaluation form
