Can a wrongful death suit be filed against a health care provider?

Yes, in Virginia, a wrongful death suit can be filed against a health care provider. A wrongful death suit is a civil action that a surviving family member or a representative of the estate can file against a party who is responsible for a fatality due to negligence, carelessness, or recklessness. In Virginia, survivors of wrongful death can seek financial compensation from a health care provider if the provider’s action (or inaction) caused the death. The Virginia wrongful death statute V.C.A. 35.2-903 allows a wrongful death action to be brought by a personal representative (administrator) of the deceased’s estate or by the surviving spouse, parents, or children of the decedent. Potential damages can include medical bills, lost wages, loss of companionship, and other financial and non-financial losses. The health care provider may be able to defend the lawsuit if they can prove that they did not act improperly or negligently and that the patient’s death was unavoidable. Additionally, the health care provider must have owed the deceased a "duty of care" in order for the lawsuit to have a chance of succeeding. This means that it must be shown that the doctor, nurse, hospital, or other health care provider had a special relationship to the deceased that required them to provide a certain level of care. In Virginia, both state and federal laws govern the legal framework for a wrongful death lawsuit against a health care provider. To find out more about wrongful death lawsuits, it is best to contact an experienced attorney who can discuss the facts of your case and advise you on the best course of action.

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Can a wrongful death suit be filed against a health care provider?

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