Yes, you could have a wrongful death claim even though your husband did not die immediately from the anesthesia aspiration that he suffered during his shoulder surgery. Kentucky law does not require that a death occur immediately or within a certain period of time in order for survivors to bring a wrongful death action.
What You Will Have to Prove
Instead, Kentucky law requires that you be able to prove causation. In other words, you are going to have to prove that your loved one’s death, seven days after surgery, was caused by the negligence of doctors, nurses, or the hospital. Given the facts that you describe, you will need to prove that your husband would not have died but for the anesthesia aspiration that he suffered during surgery and that he suffered the anesthesia aspiration because of someone else’s negligence.
How to Do It
You, obviously, were not in the operating room during your spouse’s shoulder surgery. You do not know what happened. You do not know if the anesthesiologist and others acted with reasonable care. However, you do know that your husband died from an injury that he suffered in the operating room and you know that you need answers.
The legal process allows you to get those answers so that you can make an informed decision about whether or not to pursue a wrongful death claim. Do not worry about the time that passed between your husband’s injury and his death. Instead, find out what you can do to honor your loved one and protect your family by reading our FREE report, Critical Information to Know Before You File a Wrongful Death Lawsuit in Kentucky.