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Losing a loved one in a hospital is heartbreaking. The pain can feel even worse when you believe their death could have been prevented. In some cases, hospital staff make avoidable mistakes. These errors can lead to fatal consequences.
Conboy Law Injury & Malpractice Lawyers helps families across Illinois take legal action against hospitals. If a hospital failed to provide safe care and it led to your loved one’s death, you may have a valid wrongful death lawsuit.
We’re here to walk you through the legal process, one clear step at a time. We’ll help you understand what to expect, what evidence is needed, and who can file a claim. Most of all, we’ll help you hold the hospital accountable.
Wrongful death in a hospital happens when a patient dies because of a hospital’s mistake or failure. These deaths are not just accidents. They often result from preventable medical errors. This includes problems like misdiagnosis, delayed treatment, or surgical mistakes.
Hospital wrongful death claims fall under both medical malpractice and personal injury law. In these cases, the patient might have survived if the hospital staff had acted properly. A hospital can be held responsible for a doctor’s mistake, a nurse’s error, or the failure of hospital systems.
To hold a hospital responsible, you must show that the care fell below accepted standards. You also need to prove that the mistake caused your loved one’s death. A wrongful death lawsuit helps surviving family members recover compensation for the loss and seek justice.
Not just anyone can file this type of lawsuit. Illinois law only allows certain people to take legal action after a loved one dies in a hospital. These rules help ensure the claim is handled properly.
In most cases, immediate family members can file the claim. This includes a surviving spouse, children, or parents of the deceased. If the deceased had no spouse or children, other close relatives may be allowed to file the suit. It depends on the situation.
Only one wrongful death lawsuit can be filed for the same person. That’s why the court appoints one person to handle the case. This person is called the “personal representative” of the estate. Any money won in the lawsuit will be shared among all eligible family members.
The court needs someone to take charge of the lawsuit. This person is the personal representative. Often, the court chooses a spouse or adult child. If no one is named in a will, the court picks someone based on Illinois law.
The personal representative makes decisions about the case. They hire the lawyer, collect evidence, and work with the courts. It’s a big responsibility. They don’t keep all the money for themselves. Instead, any settlement or award is split among the family members who are legally allowed to receive it.
To sue a hospital for wrongful death, you must prove the care given was not acceptable and that it led to the patient’s death. This is not always easy. You need clear medical evidence, expert opinions, and strong legal guidance. The process is similar to proving medical malpractice, but with added focus on the outcome — death caused by negligence.
You need to connect four main elements:
Each step requires proof. Medical records, expert testimony, and witness statements often play a big role. Conboy Law Injury & Malpractice Lawyers helps gather everything needed to prove the claim.
Hospitals owe every patient a duty of care. This means the hospital must provide treatment that meets accepted medical standards. If you enter a hospital for care, the hospital has a legal responsibility to treat you safely and responsibly.
This duty also applies to doctors, nurses, technicians, and other staff. The facility must ensure all workers are trained and qualified. It must also have the right tools, equipment, and systems in place to protect patients.
Next, you must show the hospital or its staff failed to meet that duty. This is called a breach. It could be something they did wrong or something they failed to do.
Examples include not checking vital signs, giving the wrong medication, or skipping important steps during surgery. A breach might also involve poor hiring, bad training, or a hospital system that creates risk.
It’s not enough to show a mistake happened. You also need to prove that the mistake directly led to your loved one’s death. This connection is called causation.
For example, if a nurse gave the wrong drug and the patient died shortly after, there must be medical proof linking the two events. If a doctor failed to treat a serious condition in time, and the delay led to death, that also shows causation.
The last step is proving that the death resulted in harm to the family. These are called damages. They can include medical expenses, funeral and burial costs, lost income, and emotional pain.
Some losses are financial. Others are about the suffering caused by losing a parent, spouse, or child. Illinois law allows family members to seek both types of damages.
A wrongful death lawsuit is the legal way to get financial help and hold the hospital accountable for the harm caused.
There is a strict deadline for filing a wrongful death claim in Illinois. If you miss it, you lose your right to sue the hospital.
In most cases, you have two years from the date of death to file a wrongful death lawsuit. However, there are exceptions. For example, if the death involved a child or if the wrongdoing wasn’t discovered right away, the deadline might be longer.
It’s best to speak with a wrongful death attorney as soon as possible. Waiting too long can make it harder to gather evidence or meet legal requirements.
Yes. If a loved one died because of medical negligence, you may have grounds for a wrongful death suit. This applies if the hospital or its staff failed to provide proper care and that failure caused the death. A wrongful death lawyer can help you assess hospital liability and file a claim.
Medical malpractice happens when a healthcare provider makes a serious error. A wrongful death action is when that mistake causes the patient’s death. You can file a medical malpractice claim as part of a wrongful death lawsuit if medical errors led to your loved one’s passing.
The hospital may be liable, as well as doctors, nurses, or other staff. Hospital negligence includes poor staffing, bad protocols, or failing to monitor a patient. In some cases, both the hospital and insurance companies are involved in paying a settlement or defending the claim.
A wrongful death suit may cover medical bills, funeral costs, loss of income, and emotional suffering. Some cases also allow for compensation for the loss of companionship or guidance. A skilled wrongful death lawyer can help estimate your total damages and fight for full compensation.
Yes. Hospital negligence cases are complex and hard to prove without legal support. A wrongful death lawyer can investigate, collect evidence, consult experts, and deal with the hospital and insurance companies. Legal guidance ensures your rights are protected throughout the legal process.
Losing a loved one because of hospital negligence is devastating. If you believe a hospital’s mistake caused their death, you have the right to seek justice. A wrongful death lawsuit may help your family recover compensation for medical bills, funeral costs, lost income, and more.
At Conboy Law Injury & Malpractice Lawyers, we understand how hard this time is for your family. That’s why we offer a free consultation to discuss your case. We will review the facts, explain your options, and let you know what to expect from the legal process.
You don’t have to face this alone. Our legal team is here to help you hold the hospital and insurance companies accountable. We are ready to stand by your side and fight for the answers and compensation your family deserves.
Call us today to speak with a Chicago wrongful death lawyer.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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