Can a hospital in Texas be held responsible for a wrongful death?

Free Consultation713-781-5200

  • SuperLawyers General
  • MMDAF logo
  • Million dollar advocates badge 1 1
  • abota bdg
  • 233 2331196 top 40 under national trial lawyers top 100
  • logo av
  • whos who
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023

No one in Houston wants to experience the death of a loved one, particularly during the holiday season. Unfortunately, a wrongful death can occur at any time of the year. Whether it’s complications following surgery, a medication error or a failure to diagnose a health condition, when a loved one’s death is due to medical malpractice, that person’s loved ones may wonder who they can hold responsible. Of course, the first person the victim’s family may think of holding liable for their loved one’s death is the physician that committed the error. However, there may be other potential defendants as well.
For example, it may be possible to hold the health care facility where the physician worked responsible via the concept of “vicarious” liability. When a health care facility hires individuals, it needs to examine the individual’s education and licensing. A failure to make a complete inquiry could result in negligent supervision or retention, which could make the hospital liable for an employee’s negligence.
A health care facility could also be held liable for an employee’s malpractice through the concept of “respondeat superior.” Under respondeat superior, the employer is held responsible for its employee’s negligent actions if the employee committed the negligent acts within the scope of their employment. Keep in mind that if a physician is an independent contractor, rather than an employee of the health care facility, respondeat superior will not apply.
As you can see, while it may be possible to hold the health care facility where the negligent physician worked liable for malpractice, it is a complicated endeavor. Therefore, those who believe they have a claim for medical malpractice may want to seek the help of an attorney who can examine the facts of their case and determine which laws apply.
Source: FindLaw, “Medical Malpractice: Who Can Be Sued?,” Accessed Dec. 18, 2016

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

August 4 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

✓ Fact Checked