Wrongful Death Due to Medical Malpractice
“Do no harm” is the first rule of the Hippocratic Oath. The Hippocratic Oath has been the ethical standard of doctors for centuries. Unfortunately, careless mistakes and negligence do happen in the medical profession. When a doctor is negligent, patients can suffer unnecessary medical harm, and some patients do not survive. This is known as Wrongful Death Due to Medical Malpractice.
Many medical mistakes can lead to fatal injuries. Some of the most common wrongful death cases are misdiagnosis and failure to diagnose. Death can also result from various other types of medical negligence. If you lost a close family member and believe a medical professional was to blame, you might have a wrongful death and medical malpractice case. You should consult with a lawyer who has experience handling these types of claims.
Understanding Wrongful Death
Wrongful death is a broader term than medical malpractice. This includes negligence, carelessness, or acts of omission that cause another to die. Wrongful death can result from many types of accidents and wrongful conduct, from car crashes to assaults.
Medical malpractice can lead to a wrongful death at the hands of a medical professional (although the patient does not necessarily need to die in order for medical malpractice to have occurred). Wrongful death laws set out specific requirements for wrongful death claims that vary from other types of injury claims, including who can file a lawsuit and what damages they can recover.
Understanding Medical Malpractice
Medical malpractice is not just for doctors. If any healthcare provider (nurse, midwife, pharmacist, orderly, EMT) is negligent and the patient is harmed, that can be medical malpractice. Medical malpractice happens during diagnosis, surgery (even elective surgeries), physical therapy, on hospice, during follow-ups, or any other stage of medical treatment.
Here are some additional examples of medical malpractice that can lead to wrongful death:
- Surgical errors or anesthesia mistakes
- Delay of treatment
- Prescribing incorrect medication
- Injuries during birth
- Wrongful discharge from the hospital
Wrongful Death Laws
Per Statute 16.003, in Texas, the statute of limitations for wrongful death is two years. That means you can only sue for two years after the person’s date of death. There are additional limitations and requirements for wrongful death claims arising from medical malpractice.
In Texas, there is also a $250,000 limit for a “pain and suffering” award for wrongful death cases. You can be reimbursed for things like:
- Loss of nurturing (if a parent dies)
- Loss of companionship (if a spouse dies)
- Funeral expenses
- Loss of financial support (if a breadwinner dies)
If you believe you have a wrongful death case, you should allow our team to evaluate your options and take swift legal action.
Need a Spring, TX, Wrongful Death Attorney?
As Spring, TX, wrongful death attorneys, Holladay Law Firm is dedicated to guiding you through the difficult process of fighting for a lost loved one. Attorney R. Jason Holladay is experienced, well-trained, and knowledgeable in all types of wrongful death and medical malpractice claims. Please don’t delay-–contact us today to get started.