Wrongful death is a tragedy that no family should have to endure, especially when a loved one passes at the hands of the medical team who was supposed to keep them safe. In these situations, you have the right to file a wrongful death claim against the hospital and its staff.
Settlements for wrongful death in a hospital can range significantly depending on the circumstances. In California, there is no fixed settlement amount. The compensation you receive depends on your ability to prove the hospital or doctor’s negligence. It also depends on the economic loss your family will suffer because of the death.
This article examines hospital wrongful death lawsuit settlements in California. It explains what legally constitutes wrongful death and the factors that will affect your settlement value. It also provides practical advice to help grieving families file a compensation claim.
What Causes a Wrongful Death in a Hospital?
Not all deaths that happen in hospitals are considered wrongful deaths. Sometimes, ill or injured people die despite receiving the best possible care. A death is only legally considered wrongful if it happened due to negligence. In hospitals, the cause of wrongful death generally falls into one of two categories: medical malpractice or institutional failure.
Medical malpractice is when a healthcare provider makes a grievous error that causes the death. For example, a surgical mistake or misdiagnosis. In this case, the clinician can be held personally liable.
If the death was caused by institutional failure, it means the error happened at the hospital level. This category includes things like understaffing, poor sanitation, faulty equipment, inadequate training, and negligent supervision.
When Is a Death in a Hospital Considered Wrongful Death in California?
For a death in hospital to be considered wrongful death, it must have been caused by “the wrongful act or neglect of another” under California Code of Civil Procedure § 377.60. To win a lawsuit, you must be able to prove the specific legal elements below.
- Duty of care, meaning the hospital, doctor, or nurse had an expected duty to care for the patient. In hospital cases, duty is established automatically once the patient is admitted.
- Breach of duty, ie: clinicians or other hospital staff failed to meet a reasonable standard of care. Breaching a duty to care for patients is a clear sign of provider negligence.
- Causation and link between the breach of duty and the wrongful death. The negligence observed in the hospital must be a substantial factor in the cause of death.
- Damages suffered by the family. One must explain how the loss of your loved one affects you economically and non-economically. For example, a reduction in household income or a loss of parental support.
What is the Average Settlement for Hospital Wrongful Death Cases in California?
There is no fixed average settlement for hospital wrongful deaths in California. The amount varies significantly case-by-case depending on the degree of negligence involved and how much financial support the decedent was providing before their death.
Low-range cases ($250,000 – $650,000)
This range reflects the average for a medical malpractice settlement resulting in the death of retired or unemployed patients, or those with no dependents. In these cases, you may only be able to recover non-economic damages (pain and suffering, etc.) which are capped by California Civil Code Section 3333.2.
Mid-range cases ($650,000 – $1,000,000)
Mid-range settlements include non-economic damages plus compensation for lost earnings and financial support. This range reflects wrongful death settlements for decedents who were modest earners. Settlements can also be pushed into this range when multiple negligent parties are involved.
High-range cases ($1,000,000 – $3,000,000)
There is no legal cap on economic damages for wrongful death in California, so a settlement can easily cross $1 million if the decedent was a primary breadwinner. Settlements in this range combine decades of lost future earnings and non-economic family support.
Catastrophic cases ($3,000,000 – $10,000,000+)
The severity of the negligence also influences how much you can sue a hospital for wrongful death. In cases of egregious medical errors or systemic failures such as severe surgical mistakes or intentional understaffing, the settlement can easily reach the multi-million dollar range
What Factors Affect the Settlement Amount?
The main factors that affect your settlement amount in a wrongful death case are the financial losses caused by the death, how much evidence you have of negligence, and the insurance limits of the hospital. Settlements are determined on a case-by-case basis.
The Decedent’s Economic Value
In California, wrongful death settlements are heavily influenced by the decedent’s income and earning potential. If the person was a high-earning professional with years of career growth ahead, the settlement will reflect a loss of decades of future wages, health coverage, and other benefits.
Loss Experienced by Surviving Family
Your settlement amount depends on how much the death of your loved one will impact you financially. It should cover any financial contributions the decedent was making to the household. The judge will also quantify your emotional losses and add them to the final figure.
Evidence of Liability
The strength of your case and its resulting settlement depend on how much evidence you have of negligence from the clinician or hospital. Medical records, witness statements, expert testimony, autopsy reports, and hospital staffing schedules or audit logs can help prove breach of care and thus increase your settlement value.
Insurance and Assets
Hospitals and their staff are generally insured against medical malpractice and wrongful death. However, these policies are not limitless. Your settlement value often hinges on how much money the physician or hospital has available under their insurance policy. If the value exceeds policy limits, you can sometimes target personal and business assets to make up the difference.
What Mistakes Should You Avoid in a Wrongful Death Compensation Claim?
Making mistakes in a wrongful death claim can cost you part of your settlement. You should avoid taking any actions where the consequences are unclear. The right wrongful death attorney can guide you through the process and help you avoid the following mistakes.
- Delaying legal action, which can allow for mishandling of critical evidence. Delays can also weaken your position during negotiations.
- Failing to preserve evidence, such as autopsy reports and witness information.
- Communicating improperly with insurers. Adjustment agents can use any statements you give them to undermine your claim.
- Accepting early settlement offers that aim to reduce your compensation unfairly.
- Missing important legal deadlines such as the 6-month notice period for public hospitals.
How HHJ Trial Attorneys Can Help Pursue Compensation for a Hospital Wrongful Death
There is no singular average for hospital wrongful death lawsuit settlements in California. Instead, the value of your settlement will be determined depending on how much financial support the decedent was providing. Not all hospital deaths are wrongful deaths. You can only sue if the loss was a direct result of physician or hospital negligence.
HHJ Trial Attorneys can help you determine who was liable for the tragic loss of your loved one. We investigate hospital negligence, gather evidence, work with medical experts, calculate damages, negotiate settlements, and represent families throughout the legal process. Contact us for a free consultation.
