The death of a medical professional doesn’t necessarily bar a medical malpractice lawsuit arising from their actions (or lack of action). While the lawsuit itself cannot be filed against the deceased doctor, the case can still proceed against the deceased professional’s estate or potentially against other parties involved in the care. Here’s a breakdown of how such situations might unfold from some experienced medical malpractice lawyers in the Baltimore area.
Ask Medical Malpractice Lawyers: Can You Still File Suit if the Medical Professional Is Dead?
In a typical medical malpractice case, the patient, or their representative if the patient is incapacitated, sues the living medical professional for negligence. Negligence refers to a deviation from the accepted standard of care in the medical field, resulting in harm to the patient.
To win such a case, the plaintiff must prove the doctor’s duty to provide proper care, a breach of that duty, causation between the breach and the patient’s injury, and resulting damages. When the medical professional responsible is deceased, the lawsuit takes a different route.
Options
One option is to sue the deceased doctor’s estate. An estate refers to the property and assets left behind by the person who passed away. However, there are limitations. The estate is generally only liable for the debts and obligations of the deceased up to the value of the estate’s assets. So, if the doctor’s malpractice resulted in significant damages exceeding the estate’s value, recovering full compensation might be difficult.
In some cases, the lawsuit might not target the deceased doctor directly but focus on the medical facility where the malpractice occurred, such as a hospital or clinic. These institutions have a legal responsibility to ensure their staff provides competent care.
If the deceased doctor was employed by the facility, and the doctor’s actions amounted to malpractice, the facility could – under certain circumstances – be held liable for the negligence of their staff member, even if the doctor is no longer alive. Find out more from a legal professional about whether your case is likely to succeed.
How to Prove the Case
The success of a wrongful death lawsuit stemming from medical malpractice hinges on proving that the medical professional’s negligence caused the patient’s death. This often requires medical expert testimony to establish the standard of care, the deviation from that standard, and the causal link between the doctor’s actions and the patient’s passing.
The specific laws regarding medical malpractice lawsuits with deceased medical professionals vary by state, so be sure to consult with a lawyer experienced in medical malpractice cases in your jurisdiction. They will be able to help you determine the most appropriate course of action. They can guide you through the laws that apply, help gather evidence and review it, and get you through the legal process to maximize your chances of a successful outcome.
It’s important to note that even when a lawsuit can be filed, the process does take time and can be difficult. Medical malpractice cases are notoriously difficult to win, even with good evidence. If you’re considering such a lawsuit, be prepared for a potentially long journey, and be sure not to take on this journey without skilled legal representation on your side.
