QUESTION

Who is liable for a hospital death due to faulty machinery that the patient was hooked up to but didnt work, the manufacturer and/or the hospital?

Asked on Mar 27th, 2012 on Medical Malpractice - Arizona
More details to this question:
A family member recently passed away in a Long Term Care hospital and the family was told it was due to faulty hospital machinery? is this negligence on the hospitals part or the manufacturer''s part?
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1 ANSWER

I am sorry to hear about your family member.  The answer to your question is likely a difficult one.  It would need to be explored.  It is possible that you could have a products liability case on your hands as a result of the malfunction of the machinery.  Depending on the machinery and the circumstances, however, it is also possible that you have a malpractice case against the hospital.  Either way, both medical malpractice and products liability cases are very difficult and require lots of research to even determine if there is a potential action.  I recommend gathering the medical records of the family member who passed away.  Get all the medical records from the long term care hospital and any medical related to the family members death, including autopsy results and the death certificate.  The records should have some information about the machinery and the cause of death. Since malpractice and products liability cases are very difficult, I would recommend that you start calling local attorneys in your area who advertise that they handle these types of cases.  Both cases require the hiring of expert witnesses, are time consuming and expensive to litigate and the hiring of an attorney is pretty much necessary.  I hope this information helps. Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. 
Answered on Mar 27th, 2012 at 4:25 PM

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