Prince's family files wrongful death lawsuit against hospital that treated him a week before his death

Singer died of an accidental overdose of fentanyl aged 57, on 21 April 2016

Prince (Getty Images)

The family of the late artist Prince has filed a wrongful death lawsuit against a hospital which treated him in the week before his death, as well as the pharmacy chain Walgreens.

Last week, authorities announced there would be no criminal charges filed over the singer's death, which was the result of an accidental opoid overdose.

The lawsuit contends that the Trinity Medical Center in Illinois - which briefly treated Prince in the early hours of 15 April 2016 after a show in Atlanta - failed to appropriately investigate and treat an overdose which forced his plane to make an emergency landing.

The Minnesota Star Tribute reports that the family argues this had "direct and proximate cause" on Prince's death. They also accuse Trinity Medical Center doctor Nicole Mancha and an anonymous employee of misidentifying the pill Prince took prior to his overdose.

According to the New York Times, Mancha told investigators she thought Prince was lying when he claimed to have only taken two Percocet before the incident, as he had required two shots of Narcan to be revived.

She subsequently sent the pills, which she said had the markings of hydrocodone, to be identified, but the medication "was not tested for its authenticity" by the facility. Investigators later found the pills were actually counterfeit, and – likely unbeknownst to Prince - contained fentanyl.

Prince refused a urine toxicology screening and blood work, and left the hospital without further treatment. Friends later said this was an effort by the singer to conceal his addiction to painkillers from the public.

Based on documents related to the criminal investigation released last week, prosecutors believe Prince likely took a counterfeit drug containing fentanyl again six days later at his home in Paisley Park, which led to his death aged 57.

However, because investigators were unable to determine how he obtained the counterfeit pills, or whether those same pills played a role in his death, “we simply do not have sufficient evidence to charge anyone with a crime related to Prince’s death”.

In a statement regarding the hospital lawsuit, the family's lawyers said what happened to Prince "is happening to families across America".

"The family wishes through its investigation to shed light on this epidemic and how to better the fight to save lives. If Prince's death helps save lives, then not all was lost."

A representative for the hospital told the Times it does not comment on pending legal matters.

Prince's estate recently released the original studio recording of his song "Nothing Compares 2 U", famously covered by Sinead O'Connor, for the first time - listen here.