Yes. If a hospital’s negligence caused a patient’s death, close family members can bring a wrongful death claim. In California, the spouse, domestic partner and children usually have the right to sue (CCP 377.60). Hospital cases follow medical malpractice rules, which add notice requirements, damage limits and short deadlines. Acting quickly protects the family’s options.
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When is a hospital responsible for a death?
A hospital can be responsible when its staff fail to meet the standard of care and that failure causes a death. Common examples:
- A missed or delayed diagnosis of stroke, heart attack, sepsis or internal bleeding.
- Medication errors, wrong doses or dangerous drug combinations.
- Surgical mistakes or poor monitoring after surgery.
- Falls, untreated bedsores or infections from poor hospital practices.
- Sending a patient home too early from the emergency room.
Hospitals with emergency departments also have federal duties. Under EMTALA, they must screen anyone who comes to the emergency room asking for care and either stabilize an emergency condition or arrange an appropriate transfer, and a person harmed by a violation may sue the hospital (42 U.S.C. 1395dd).
One complication: many doctors who work in hospitals are independent contractors, not employees. The hospital is usually responsible for its nurses and staff, but a claim for a doctor’s error may need to name the doctor or their medical group too.
Who can sue a hospital for wrongful death?
It depends on the state:
- California: the spouse, domestic partner and children, or, if there are none, the people who would inherit. Some dependents, such as a putative spouse, stepchildren or dependent parents, may also qualify (CCP 377.60).
- Texas: the surviving spouse, children and parents (CPRC chapter 71).
- Washington: the personal representative brings the claim (RCW 4.20.010) for the spouse or registered domestic partner and children, including stepchildren, or if there are none, for parents or siblings (RCW 4.20.020).
What special rules apply to hospital cases?
Medical negligence claims have extra steps that ordinary injury claims do not:
- California: a family must give the hospital at least 90 days’ notice of intent to sue before filing (CCP 364). Non-economic damages in a death case are capped. The cap started at $500,000 in 2023 and rises by $50,000 each January until it reaches $1,000,000 (Civil Code 3333.2). Economic losses, such as lost financial support, are not capped. The 90-day notice can also extend the filing deadline in some cases, which is one more reason to plan the timing carefully.
- Texas: chapter 74 requires written notice before filing, an early report from a qualified health care professional, and limits damages, including an overall limit in wrongful death cases adjusted for inflation (CPRC chapter 74).
- Washington: the family must prove that the provider failed to follow the accepted standard of care and that this caused the death (RCW 7.70.040).
In every state, these cases usually require testimony from a qualified physician on what should have been done.
What damages can the family recover?
In California, wrongful death damages can include the financial support the person would have provided, the value of household services, funeral and burial costs, and the loss of love, companionship, comfort, care and moral support (CACI 3921). Grief and sorrow by themselves are not compensated under that instruction. The cap on non-economic damages in medical cases still applies.
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Is a public hospital different?
Yes. County and district hospitals are public entities. In California, a claim against a public entity generally must be presented within six months (Gov. Code 911.2), much sooner than the usual deadline. Find out early who owns the hospital.
Some hospitals that look private are run by a public health care district, and some county clinics share a building with private groups. The hospital’s name is not always a reliable guide. Check the billing statements, the consent forms the patient signed and the hospital’s own website, and ask a lawyer to confirm ownership before the six-month window closes.
What to do now
- Request the patient’s complete hospital records in writing.
- Ask whether an autopsy was done, and consider requesting one.
- Write down a timeline of symptoms, visits and what staff said.
- Find out whether the hospital is public or private.
- Keep bills, funeral receipts and proof of the person’s income.
- Do not sign anything from the hospital’s risk management office.
- Talk to a lawyer soon; hospital deadlines are short.
Talk to us
If you believe a hospital’s mistake cost a family member’s life, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
How long do we have to sue a hospital for a death?
In California, generally three years from the injury or one year from when the family discovered it, whichever comes first (CCP 340.5). Texas health care claims generally have two years under chapter 74. Washington generally allows three years from the act or one year from discovery, whichever is later (RCW 4.16.350). See California Courts.
Is every bad outcome malpractice?
No. A family must show that the care fell below the accepted standard and caused the death. California’s general duty of care is in Civil Code 1714.
Can we sue if the patient was elderly or very ill?
Yes. Age or illness does not excuse negligent care, though it can affect damages.
Do you handle Texas cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Personal Injury Questions · Notice before suing for medical malpractice in California · California Elder Abuse Act remedies · Texas brain injury claims: damages · Personal injury questions · Law Blog
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Sources
- Cal. Code of Civil Procedure 377.60
- Cal. Code of Civil Procedure 340.5
- Cal. Code of Civil Procedure 364
- Cal. Civil Code 3333.2
- Cal. Civil Code 1714
- Cal. Government Code 911.2
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: 3921
- Tex. Civ. Prac. & Rem. Code chapter 71
- Tex. Civ. Prac. & Rem. Code chapter 74
- RCW 4.20.010
- RCW 4.20.020
- RCW 7.70.040
- RCW 4.16.350
- 42 U.S.C. 1395dd (EMTALA)
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.