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Can a Family Member File a Wrongful Death Grievance?

When a family member goes to the hospital for surgery, you expect them to be safe and come back feeling better. However, doctors and hospitals don’t always do what they’re supposed to do in the medical industry, which can lead to devastating consequences. But as a family member of your loved one, you are not powerless, and you can defend your loved one by filing a wrongful death grievance against the negligent parties at the hospital.

At the Buzbee Law Firm, we don’t sit and watch injustices happen—we pursue them. And we find it especially disturbing when a place that’s supposed to help people hurts them instead. 

If you lost a family member to medical malpractice and the hospital has yet to take the appropriate action to mend its mistakes, our team of attorneys will make sure you and your family get the proper compensation you deserve. 

Who Can File a Wrongful Death Grievance?

According to the Texas Medical Board, anyone is allowed to file a complaint against any licensed medical professional. So if you lost a loved one, you are allowed to file a grievance against the hospital as a family member. 

As for a wrongful death grievance, Texas state law allows the surviving spouse, children, and parents to file a wrongful death claim. To have the most success with the grievance process, you should prove that your loved one’s doctor was negligent in their actions. The elements of negligence that you must prove are: 

  • Duty of care 
  • Breach of care
  • Sustained injury
  • Proof that the breach of care led to injury

After proving these elements, you will have a strong complaint to file against the doctor or hospital that performed surgery on your loved one. When doctors don’t adhere to the duty of care, it’s time for a lawyer to step in. If you lost a loved one due to a doctor’s negligence, one of our wrongful death attorneys can help you and your family member get compensation for your loss.

Evidence to Collect for Filing a Medical Malpractice Grievance

When filing a wrongful death grievance, you’ll need sufficient evidence to show that the doctor or hospital was in the wrong and responsible for the death of your loved one. Some relevant evidence to have for your wrongful death grievance is: 

  • Statements from the victim
  • Statements of witnesses like other residents or staff members
  • Injuries and any physical evidence that shows causation (photos are great)
  • Location and timeline of the incident 
  • Statements from the hospital administration about the incident
  • Doctor’s notes and medical record of the incident 

By presenting evidence of the doctor’s negligence, it will be hard for the hospital to deny any wrongdoing. Also, your grievance may serve as the start of a state or federal investigation so it’s important to make sure that the evidence you give in your initial grievance is accurate and complete. 

What Damages Can I Receive in a Wrongful Death Case?

If the hospital doesn’t do anything about your loss to render it, you may want to consider filing a wrongful death grievance for medical malpractice. When you lose a loved one, you may be left with costly medical bills that you still have to pay. By recovering damages from your loved one’s death, you can relieve some of the stress so you can focus on recovering. Some of the damages you may be able to recover include: 

  • Medical expenses
  • Loss of wages
  • Pain and suffering
  • Funeral and burial costs
  • Loss of future wages
  • Loss of support
  • Loss of consortium
  • Loss of counsel, advice, and love

Our wrongful death lawyers can help you recover all the damages your case qualifies for. Our wrongful death attorneys are dedicated to holding the negligent parties accountable for their actions that led to your family member’s death. 

And if the hospital tries to cover up any of the damages, our team will investigate and use all the resources we have available to make sure that you and your family receive the proper settlement amount.

Contact the Buzbee Law Firm to File a Wrongful Death Lawsuit

If you’ve already filed a complaint with the hospital and you haven’t received the proper reimbursement, our wrongful death attorneys at the Buzbee Law Firm in Texas can help. We can hold the negligent parties accountable, help you file a wrongful death claim, and get you the compensation you deserve. 

To get a free consultation, call us or fill out the contact form on our website. We can tell you if you have a case, estimate your damages, and help you file your claim.