The death of a spouse is often an excruciatingly painful experience. When such a loss is shadowed by a belief that a husband's or wife's death was preventable, a surviving spouse may choose to take legal action. One man recently filed a medical malpractice lawsuit against the hospital at which his wife was previously treated and subsequently died.

The woman, who was considered morbidly obese, was hospitalized and receiving medical care for an injured leg. To prevent patient injury, it's typically hospital protocol to ensure at least two trained employees assist in moving a patient. This is especially the case when a patient is of a considerable weight or considered a fall risk.

In this case, the woman was both overweight and a fall risk. Despite these facts, however, a sole hospital employee attempted to move the patient from a wheelchair to her bed. Upon attempting to do so, however, the woman fell and was injured. She required emergency surgery for injuries sustained in the fall and developed medical complications as a result of undergoing surgery.

The woman died suddenly while still hospitalized and recovering from her surgery. The woman's widow recently filed a medical malpractice lawsuit in which he alleges the hospital was negligent in failing to provide an appropriate degree of professional care. The man cites several negligent acts including failing to properly train hospital staff and ensure patients are transferred in a safe and appropriate manner.

The man is seeking damages in excess of $50,000 related to mental and emotional distress, physical pain and suffering suffered by his late wife as well as overall medical and funeral expenses.

Source: The Louisiana Record, "Husband of woman who died months after fall in hospital sues," Kyle Barnett, March 23, 2013