Wrongful Death Claims for Failure to Treat in Emergency Rooms
25October2023
25October2023
Hospitals and medical professionals are held to a standard of care. In emergency rooms, this means providing timely and appropriate care for patients, especially in life-threatening situations. The standard of care is tied to the duty of care that hospital and medical staff owe to their patients. If this duty is breached, leading to harm or death, it can form the basis of a wrongful death claim. A wrongful death claim may be an appropriate way for the decedent’s immediate family to recover damages for their loss.
Wrongful death claims usually involve proving medical negligence. In failure to treat in Emergency Rooms cases, negligence means the failure to provide a standard level of care that another medical professional in the same situation would have provided.
A wrongful death lawyer will gather detailed medical records, including the patient’s condition, treatments provided (or lack thereof), and the timeline of events. These are vital pieces of evidence in such cases. The lawyer will also reach out to their network of medical experts who typically play a key role in wrongful death cases. They can explain complex medical issues to the jury and establish the standard of care that should have been provided.
Consult with an experienced medical malpractice attorney who specializes in wrongful death cases. They can guide you through the legal process, gather evidence, and negotiate a settlement, and represent your interests in court (if necessary).
Family Of Washington Woman Brings Wrongful Death Lawsuit After Preventable Death
As reported by the News Tribune, On November 2, 2022, Cheyenna Costello, age 41, was experiencing stomach pains, vomiting, and diarrhea. The pains were so intense that she called an ambulance for help. The ambulance took her to the Providence Regional Medical Center emergency room in Everett, Washington. After her arrival at 7:19 p.m., a nurse determined her condition was level 3, which is considered urgent. A doctor confirmed the nurse’s assessment, and noted that Costello was “critically ill with significant risk to decompensate and even death, requiring prompt bedside evaluation and intervention.”
She was given a wheelchair because there were no seats available. After waiting for four hours, Cheyenna Costello began having seizures and eventually died from what is believed to be a highly treatable condition. A nurse had ordered a comprehensive metabolic panel, but by the time the test was conducted five hours later, it was too late.
Costello’s family filed a wrongful death lawsuit on Oct. 12 in King County Superior Court over her 2022 death.
In Washington State, wrongful death claims have a three-year statute of limitations, placing the lawsuit well within the allowed timeframe. If you have lost a loved one due to the negligent care of a health professional or medical facility, seek the help of an experienced wrongful death attorney as soon as you are able.
The personal injury attorneys at Tinker Law Firm have been winning birth injury, medical malpractice, and personal injury cases for individuals and their loved ones in Seattle and across Washington State since 1974. We seek justice for injury victims who have been harmed by preventable medical errors, and the negligent or abusive actions of another. Our clients pay no fees or expenses to file a personal injury claim; our firm advances out-of-pocket expenses and is only reimbursed when we recover a settlement on your behalf. Do not delay; personal injury claims in Washington State have a statute of limitations, which means they must be filed within a certain time from the date of the injury.
Call us now at 206-842-1000 or contact us online to schedule a free consultation with one of our skilled and experienced injury attorneys.