Can I Sue a Hospital for My Loved One’s Death in Washington?
Losing someone you love is always painful. But when their death could have been prevented and caused by a hospital’s negligence, the grief is compounded by shock, frustration, and the need for answers.
If you’re wondering whether you can sue a hospital for wrongful death in Washington, this guide explains your rights, what qualifies as medical negligence, and how to pursue justice for your loved one.
Can You Sue a Hospital for Wrongful Death?
Yes, under Washington law, you can sue a hospital if its negligence directly caused or contributed to a patient’s death.
This type of lawsuit is classified as a wrongful death claim, often combined with a medical malpractice claim, depending on the circumstances.
Who Can File the Lawsuit?
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The personal representative of the deceased’s estate (executor)
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Surviving spouse or registered domestic partner
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Children or stepchildren
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If no spouse or children: dependent parents or siblings
For wrongful death in a hospital setting, the claim is brought against the facility, not just the individual provider, if:
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The hospital employed the negligent staff member, or
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The facility itself was negligent (e.g., unsafe conditions, poor protocols)
What Qualifies as Hospital Negligence in Washington?
Hospital negligence occurs when the facility or its staff fail to meet the standard of care expected, and that failure leads to a patient’s death.
Common Examples:
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Misdiagnosis or delayed diagnosis
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Surgical errors or operating on the wrong site
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Anesthesia mistakes
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Failure to monitor a patient properly
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Infections due to unsanitary conditions
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Medication errors
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Inadequate staffing or training
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Failure to escalate care to a specialist or transfer to another facility
If the hospital was aware—or should have been aware—of the risk and failed to act, they may be held liable.
Hospital Liability vs. Doctor Liability
One of the biggest questions in these cases is: Was it the doctor or the hospital that was at fault?
Hospital May Be Liable When:
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The at-fault provider was an employee, such as a nurse, resident, or technician
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The hospital failed to maintain sanitation, equipment, or safety protocols
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The facility lacked proper oversight or supervision
Doctor May Be Separately Liable When:
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The doctor was an independent contractor (common in ER and surgical departments)
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The negligence occurred during decision-making or diagnosis outside the hospital’s policies
Good news: You don’t have to figure this out alone. A medical negligence attorney can determine who is liable and pursue all responsible parties.
Damages You Can Recover in a Hospital Wrongful Death Lawsuit
Wrongful death lawsuits in Washington aim to compensate surviving family members for financial and emotional losses.
Recoverable Damages Include:
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Medical bills related to the final injury or illness
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Funeral and burial costs
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Lost wages and benefits the deceased would have earned
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Loss of companionship, care, and emotional support
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Pain and suffering of the deceased (via survival action)
Special Note:
If the patient suffered before death, the estate may also bring a survival action for that pain and suffering in addition to wrongful death damages.
How to Prove a Hospital Was Negligent
Winning a hospital wrongful death lawsuit requires proving four key elements:
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Duty of Care
The hospital owed a duty to provide a reasonable standard of care to the patient. -
Breach of Duty
The hospital or staff failed to meet that standard (e.g., misdiagnosis, poor hygiene, unqualified staff). -
Causation
That failure directly caused or significantly contributed to the death. -
Damages
The death resulted in losses—emotional, financial, and/or physical—to the surviving family.
In most cases, proving this requires expert medical testimony to establish the standard of care and how it was breached.
How Long Do You Have to File a Claim?
In Washington, you generally have three years from the date of death to file a wrongful death lawsuit against a hospital.
This is known as the statute of limitations, and missing this deadline typically bars your right to recover compensation, no matter how strong your case is.
Why You Need a Medical Negligence Attorney
Hospital wrongful death cases are legally and medically complex. Hospitals and their insurance companies will fight aggressively to minimize liability.
A skilled attorney can:
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Investigate hospital policies and medical records
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Hire expert witnesses
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Identify all responsible parties
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Calculate full damages
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Negotiate with insurers or take the case to trial
You deserve answers—and accountability. We’re here to help.
Frequently Asked Questions
Can I sue both the doctor and the hospital?
Yes. If both contributed to the death through independent actions or negligence, they can be named as co-defendants.
Are ER deaths harder to prove as negligence?
They can be, due to emergency conditions and independent contractor status. But failure to follow standard emergency protocols may still create liability.
Can you sue a hospital if the patient had a pre-existing condition?
Yes—if the hospital’s negligence worsened that condition or caused preventable death.
What if the hospital denies responsibility?
Your attorney can subpoena records, interview staff, and work with medical experts to uncover liability.
Talk to a Seattle Hospital Wrongful Death Attorney
If you believe your loved one died because of hospital negligence in Washington, you may have the right to take legal action.
At Campiche Andrews, we’ve helped families across Seattle and Washington hold hospitals accountable and recover the compensation they deserve.
Call today or fill out our confidential form to speak directly with a medical negligence attorney.
