The loss of a loved one is always difficult. The grief, sadness, and loss never entirely dissipates. But the challenge of moving forward after a family member’s death is made even harder when their loss was the result of mistakes made by the very people who were supposed to protect their health and well-being. Medical malpractice needlessly takes lives of hundreds of thousands Americans every year. In fact, an 8-year study by Johns Hopkins University researchers concluded that more than 250,000 patients die annually because of medical errors, making it the third leading cause of death in the United States.
Compassion and Compensation for Families Suffering the Ultimate Loss
Families who suspect that an adult loved one or an infant died because of a medical mistake may feel shock about a life suddenly and unexpectedly ended. But they also will be full of questions about what happened and what steps they should take next to get the answers and help they need.
At The Brothers Law Firm, we understand that no lawyer will ever fully comprehend the depth of your loss. We know that money can’t replace a mother’s love, a father’s guidance, a spouse’s companionship, or a baby’s gift of life and joy. But we also know that families left behind after a wrongful death caused by medical malpractice need help, support, compassion, and the resources that can help them move forward.
Our wrongful death law firm will strive to provide answers and seek justice for families after the loss of their loved one. Our forceful advocacy in the courtroom is accompanied by a personal commitment to the well-being of our clients. That commitment manifests itself in the respect, care, and dignity every client receives and our relentlessness in getting them compensation and justice which can hopefully bring them some measure of peace.
When is a Death “Wrongful”?
A death is considered “wrongful” when it was the result of another person or entity’s wrongful act, neglect, carelessness, unskillfulness, or default. No malicious intent is required for a death to give rise to a wrongful death claim, which is why even inadvertent medical errors can be the basis of a wrongful death claim.
Who Can File a Medical Malpractice Wrongful Death Lawsuit?
A wrongful death lawsuit is brought by family members who are seeking compensation for what they have lost as a result of their loved one’s death. However, in most states including Texas, not all family members may file a wrongful death lawsuit, no matter how close a relationship they may have had with the deceased.
The Texas Wrongful Death Act limits suits brought by the surviving spouse, parents, or children of the deceased. If none of these individuals bring the action within three calendar months after the death of the injured individual, the deceased’s executor or administrator can bring and prosecute the action unless requested not to by all those individuals.
Damages Recoverable for Wrongful Death Caused By Medical Malpractice
Once a doctor, other medical professionals, or hospital or healthcare facility is found liable for a wrongful death, the surviving family members who were plaintiffs may recover the following damages:
- funeral and burial expenses
- medical and hospital expenses
- lost wages and benefits the deceased would likely have earned if he or she had lived
- pain and suffering
- loss of consortium and companionship
Damage Caps in Texas Medical Malpractice Cases
Although Texas law does place a cap on certain types of non-economic damages in medical malpractice cases, it is critically important that you have a potential medical malpractice case evaluated by an experienced medical malpractice attorney to explain when and how those caps are applied. The Brothers Law Firm handles medical malpractice cases every day and can and will advise you of any applicable caps on damages.
The Brothers Law Firm: Houston Wrongful Death Law Firm
Obtaining the maximum amount of damages available requires more than just proving to a judge or jury that a doctor or healthcare provider was responsible for a loved one’s death. It requires the skill, knowledge, and thoroughness to exhibit the full extent of a family’s loss, not just in terms of dollars and cents, but in the tears and emotions which have left lives forever changed.
At The Brothers Law Firm, we are unrelenting in our efforts to better the lives of families in Texas and throughout the United States who lose a loved one because of medical malpractice. To arrange for your free initial consultation to discuss your claims or concerns, please contact us at 281-491-3635.