State laws govern wrongful death lawsuits in Texas. Survivors of the deceased might file a lawsuit if a loved one was killed due to another person’s or entity’s neglect, carelessness, unskillfulness, or default. What if the hospital was responsible for negligence? Can you sue a hospital for wrongful death?
If you believe that the hospital’s negligence contributed to the death of your family member, you may choose to file a lawsuit against that hospital. If your loved one’s untimely demise resulted from medical malpractice, you might be wondering whether or not you have grounds to sue a hospital for wrongful death.
Contact an attorney, discuss your case with them, and after evidence and applicable legislation, they can suggest whether or not you should file a lawsuit.
What Constitutes a Wrongful Death in the State of Texas?
A case is considered a wrongful death case when an injury results in the death of an individual; the injury is caused by the wrongful act, neglect, carelessness, unskillfulness, or default of another individual or entity. You would have been eligible to file a personal injury lawsuit had they lived.
A wrongful death claim is a type of personal injury claim, except that the deceased victim can’t pursue compensation, but their survivors can. Wrongful death lawsuits can be filed in various cases, including but not limited to negligence-related situations such as vehicle accidents, medical malpractice, or deliberate actions, including crimes.
Can You Bring a Wrongful Death Lawsuit Against a Hospital in Texas?
Yes, you can file a wrongful death lawsuit against a hospital. Most wrongful death lawsuits allege that the hospital’s carelessness directly resulted in the demise of a loved one. According to Texas statute, a “wrongful death” occurs when one of the following happens:
- Medical practitioners didn’t follow the standards of care established for the patient’s safety.
- The medical facility had a responsibility or obligation to either take some action or refrain from taking any action.
- The medical professional of the hospital didn’t fulfill the duty of care. For instance, the doctor may have overlooked a serious medical issue, or the nurse may have been preoccupied when they accidentally overdosed on a patient.
For wrongful death cases in Texas, the time restriction is two years from your loved one’s death date. The standard time limit for filing a wrongful death claim is subject to exceptions. After two years have passed from your loved one’s death date, a claim may still be legitimate in a few exceptional cases. Discuss your case with an attorney if you choose to pursue financial compensation. They will ensure you meet the deadline and get deserved compensation for your loss.
Who Can File a Wrongful Death Suit Against a Texas Hospital?
According to Texas law, a wrongful death lawsuit may be filed in the state’s civil courts by the decedent’s spouse, children, or parents or by any one of them on behalf of all of them.
Suppose a spouse, child, or parent doesn’t file a wrongful death claim within three months of the decedent’s date of death. In that case, the personal representative (also known as an executor or administrator) of the decedent’s estate may do so unless all of the relatives mentioned above object.
The circumstances for filing a claim might be unique to each case; if you want to know more about your specific case, contact a wrongful death attorney in Texas.
Possible Damages in a Hospital Wrongful Death Case
We already know who can file for a claim, but who receives the compensation in a wrongful death case? The surviving parents, spouses, or children can claim compensation for the losses. If you sue a hospital for causing a loved one’s death, what compensation can you expect to receive?
The survivors of a fatal accident victim have the right to file a lawsuit against the party responsible for the victim’s financial demages. To put it another way, it’s personal injury litigation that continues even after the plaintiff dies. In the event of wrongful death, the plaintiff may seek compensation for the following:
- Funeral expenses
- The cost of the medical care your loved one got before they died
- Pain and trouble
- The loss of life’s pleasure
- The loss of a friend or partner
- The lack of direction
- Your loved one would have earned more money if they had worked.
Negligence by the Hospital
Not all wrongful death cases can be constituted as hospital negligence. There are protocols defined to keep hospitals and healthcare professionals in check. When these rules haven’t been adhered to, you might have a chance to file a lawsuit. Some possible proof that can confirm a hospital’s negligence killed a patient include:
- Not making sure doctors are legitimate, licensed, and trustworthy
- Failing to dismiss workers despite their inability to do their jobs
- Lack of protocol development and enforcement regarding patient safety, drug administration, and infection prevention.
Can You Sue the Hospital for the Doctor’s Negligence?
A hospital may be held accountable for a doctor’s carelessness resulting in a patient’s death. To sue the hospital in addition to the doctor for the doctor’s carelessness is more of a strategic move than a legal one. There is no fixed answer for it, as this choice will depend on the specifics of your case.
Your attorney may decide not to sue the medical facility if the doctor has enough malpractice insurance. Talking to an attorney and discussing this aspect will give you a definite answer.
Call an Attorney to Discuss Your Case
An attorney can assist you in gathering the information and preparing a compelling case. Accident-related medical documents, witness testimonies, a police report copy, and any images or videos taken at the site will constitute this evidence.
Even if you have a solid case, very few defendants would confess their negligence or wrongdoing and pay the damages to the victims’ families. It is where the assistance of a wrongful death attorney in Texas is valuable. Contact The Buzbee Law Firm to know your legal rights and understand how you can sue a hospital for wrongful death.