There is nothing worse than having to trust a hospital and the medical professionals in it with the life of a loved one, only to suffer from hospital negligence. Unfortunately, this is something that happens virtually every single day. That said, if you believe your loved one lost their life because of hospital staff negligence, our legal team is here to help. For more information on whether or not you can sue a hospital for wrongful death in Texas, please continue reading, then contact an experienced Houston, Texas wrongful death lawyer today.
Can you bring a wrongful death lawsuit against a hospital in Texas?
Yes, you can, because Texas statute dictates that “wrongful death” occurs when a person causes the untimely death of another either through a negligent or intentional act. Therefore, if hospital staff conducted itself negligently and your loved one’s death was a direct result of this negligence, you should have a valid wrongful death claim.
Who can file a wrongful death suit against a Texas hospital?
Only certain people may file a wrongful death action on behalf of their loved ones. In most cases, the individual’s spouse will file a wrongful death claim. However, if the individual had no spouse, their children or parents can file. If the decedent did not leave behind a surviving spouse, children, or parents, the decedent’s executor may file the claim.
What kind of compensation can you recover for a wrongful death claim in Texas?
You should receive compensation for the following if you are able to prove your loved one lost his or her life as a result of medical malpractice or negligence:
- Funeral expenses
- The cost of medical treatment your loved one received prior to their death
- Pain and suffering
- The loss of enjoyment of life
- The loss of companionship
- The loss of guidance
- The cost of lost wages that your loved one would have contributed
Medical errors are a significant factor in many wrongful death claims, and proving these errors can be crucial to your case.
Before you file a wrongful death claim, you should speak with a skilled Harris County, Texas medical malpractice lawyer.
Contact Our Team Today
If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.
Frequently Asked Questions
How do I begin the process to sue a hospital for wrongful death?
To sue a hospital for wrongful death, the first step is to gather evidence of hospital negligence that led to your loved one’s death. Consulting a medical malpractice lawyer will help clarify the strengths of your case and guide you on gathering medical records, witness testimonies, and documentation showing that the hospital failed in its duty of care. Additionally, wrongful death lawsuits are bound by a statute of limitations, so it’s essential to act quickly.
What types of damages are available in wrongful death lawsuits involving medical malpractice?
In wrongful death lawsuits related to medical malpractice, you may recover compensation for several types of damages. These include funeral and burial costs, medical expenses incurred before the patient’s death, loss of companionship, loss of financial support, and the pain and suffering the deceased endured. Each wrongful death case is unique, and a skilled lawyer can help assess the compensation you may be entitled to.
Who is eligible to file a wrongful death lawsuit against a hospital for wrongful death in Texas?
In Texas, only specific individuals are eligible to file wrongful death lawsuits on behalf of a deceased family member. Primarily, the spouse, children, or parents of the deceased can file the claim. If these family members are unavailable, the executor of the deceased’s estate may pursue legal action on their behalf. Eligibility for filing a wrongful death case is vital, as it affects who can legally hold a hospital accountable for negligence.
What must be proven in a wrongful death lawsuit against a hospital for negligence?
To succeed in a wrongful death lawsuit against a hospital, you must demonstrate that hospital negligence directly caused your loved one’s death. This involves proving the hospital breached its duty of care, the breach directly resulted in harm, and this harm led to the patient’s death. Working with a lawyer who understands wrongful death cases is crucial, as proving negligence often requires expert testimony and detailed evidence.
Why is consulting a lawyer important when filing a wrongful death lawsuit due to hospital negligence?
Wrongful death cases against hospitals are complex, requiring specific evidence to prove that hospital negligence led to the patient’s death. A knowledgeable medical malpractice lawyer can help gather necessary documentation, coordinate with medical experts, and build a strong case. With professional guidance, you’ll better understand how to proceed, especially with navigating the legal hurdles that wrongful death lawsuits often entail.
