No patient should ever have to worry about a doctor making a grave mistake. Yes, everyone generally understands that practicing medicine on the human body is difficult, and there are no guarantees a specific treatment will work. However, doctors can make serious mistakes that lead to harm that would otherwise not occur. Sometimes, these mistakes lead to a loss of life.
In Kentucky, a wrongful death occurs when a person’s loss of life is caused by the negligent, intentional, or otherwise reckless actions of another party. The state’s wrongful death statute allows the personal representative of the deceased’s estate to file a lawsuit seeking compensation on behalf of the deceased’s survivors. This legal action is designed to hold the party responsible for the death accountable for their actions and provide monetary support to the surviving family members.
One of the most heart-wrenching ways in which these claims arise involves wrongful death caused by medical negligence, where a trusted healthcare provider’s mistake leads to the untimely death of a patient.
Medical negligence, also known in the legal field medical malpractice, occurs when a healthcare professional does not provide the standard of care expected in their field, resulting in injury or illness to the patient. When this negligence is severe enough to cause the patient’s death, it can form the basis for a wrongful death claim. Here are some common ways medical malpractice can lead to wrongful death:
One of the most common forms of medical negligence is the misdiagnosis or delayed diagnosis of a serious medical condition. When a doctor fails to correctly identify a life-threatening condition such as cancer, heart disease, or an infection, the patient may not receive the timely treatment they need to survive. In some cases, this can allow the condition to progress to an untreatable stage, leading to death.
Surgical procedures carry inherent risks, but patients trust their surgeons to perform the operation with the utmost care. Unfortunately, surgical errors are a leading cause of wrongful death in medical malpractice cases. These errors can include performing a procedure on the wrong part of the body, failing to monitor vital signs during the procedure, leaving surgical tools inside a person’s body, or causing damage to vital organs.
Medication errors occur when a patient is given the wrong medication, an incorrect dosage, or is prescribed a drug that interacts dangerously with other medications they are taking. These errors can lead to adverse drug prescription medications, overdose, or ineffective treatment of the patient’s condition. In some cases, medication errors can have fatal consequences, particularly for vulnerable patients such as the elderly or those with pre-existing conditions.
Administering anesthesia is a delicate process that requires precise dosages and careful monitoring of the patient. Anesthesia errors, such as administering too much or too little anesthesia, failing to recognize and respond to adverse reactions, or improperly intubating a patient, can lead to catastrophic outcomes. In severe cases, anesthesia errors can result in brain damage, coma, or death.
Failure to treat happens when a medical professional diagnoses a condition correctly but fails to provide the appropriate treatment or follow-up care. This can happen due to negligence, lack of communication, or mismanagement of the patient’s care plan. When a treatable condition is left unmanaged, it can worsen and lead to fatal consequences.
Pursuing a wrongful death lawsuit can provide financial compensation to help pay for the current and future losses associated with the death, as well as hold the negligent party accountable. If you have lost a loved one due to medical negligence, please seek help today. The compassionate Louisville wrongful death attorneys at Meinhart & Manning, PLLC are here to help you.