Who can be held liable for a wrongful death due to medical malpractice?

In Pennsylvania, the law governing wrongful death due to medical malpractice is complex. Generally, a physician or health care provider can be held liable if their negligence, recklessness, or incompetence resulted in a death. Negligence may include failing to diagnose a condition, making a misdiagnosis, performing a procedure incorrectly, or providing inadequate treatment. Generally, the facility where the medical care was performed or the hospital can also be held liable for wrongful death due to medical malpractice. In some cases, the manufacturer of a faulty medical device or drug may also be held responsible. When a responsible party is found liable, they can be required to pay damages to the survivors of the deceased in the form of compensation for medical expenses, lost income, pain and suffering, emotional distress, and/or punitive damages. In certain situations, the court may grant damages related to the loss of companionship, comfort, and guidance that a deceased family member would have provided. In addition to the responsible parties, an attorney may also be held liable for wrongful death due to medical malpractice if they failed to meet the required legal standard of care. This could include failing to investigate and present facts of the case or missing filing deadlines. When an attorney is found to have acted in negligence, they may also be required to pay damages to the beneficiaries of the deceased.

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Who can be held liable for a wrongful death due to medical malpractice?

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