When Is Medical Malpractice the Cause of Wrongful Death?

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treatment error or malpractice
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
May 22, 2024

If you or a loved one has experienced a tragic loss due to poor medical care, you may be wondering if medical malpractice was the cause. This is a common concern, as medical malpractice is a serious issue that can result in devastating consequences for patients and their families. In fact, according to a study by Johns Hopkins University, medical errors are the third leading cause of death in the United States. 

At Davis & Davis, we understand the pain and confusion that comes with losing a loved one to medical malpractice. That’s why our team of experienced medical malpractice lawyers is dedicated to helping families seek justice and compensation for their losses. We believe that by holding negligent medical professionals accountable, we can not only bring closure to grieving families but also help prevent similar tragedies from occurring in the future. 

What Is Medical Malpractice?

Medical malpractice happens when a healthcare professional doesn’t provide the level of care that’s expected, leading to harm or death of a patient. This could mean a doctor, nurse, or other medical staff member made a mistake, didn’t do something necessary, or wasn’t as careful as they should have been. For example, if a surgeon operates on the wrong body part or a doctor prescribes medication without checking a patient’s allergies, these actions can lead to serious injury and even death. 

For a situation to be considered medical malpractice, three main elements must be present: there was a violation of the standard of care, an injury was caused by this negligence, and the injury resulted in significant damage. These damages could be physical, emotional, or financial. 

Examples of Medical Malpractice Leading to Wrongful Death

Some examples where negligence or mistakes by healthcare professionals have led to wrongful death include: 

  • Surgical Errors: These can include operating on the wrong part of the body or performing an incorrect procedure. 
  • Misdiagnosis or Delayed Diagnosis: When doctors fail to recognize the signs and symptoms of serious conditions or misinterpret test results, patients can miss the critical window for treatment. This can result in the worsening of conditions that could have been manageable or curable. 
  • Medication Errors: Prescribing the wrong medication, the wrong dosage, or not considering a patient’s allergies can have deadly consequences.
  • Birth Injuries: Negligence during childbirth can cause injury or death to the baby or the mother. This includes failing to monitor fetal distress, improper use of birth-assisting tools, or not performing a necessary cesarean section in time. 

Each of these examples underscores the importance of holding healthcare providers to the highest standards of care to prevent needless loss of life.

What to Do If You Suspect Medical Malpractice

If you’re worried medical malpractice might have caused harm to you or a loved one, the first step is reaching out for professional legal advice. It’s important to act quickly to gather all the necessary information and documentation related to the care received. This includes medical records, treatment details, and any communications with healthcare providers. These documents play a critical role in building a strong case. 

After securing your medical records, reaching out to a medical malpractice attorney, like us at Davis & Davis, is your next move. We’re here to listen to your story, offer legal advice, and guide you through the process of filing a claim. Our team understands the nuances of medical malpractice cases and can help evaluate whether your situation meets the criteria for a claim. We’re committed to standing by your side, providing the support and knowledge you need during this challenging time.

Speak With a Davis & Davis Medical Malpractice Lawyer Today

If you’re feeling overwhelmed by the thought of navigating a medical malpractice claim, the team at Davis & Davis is here to support you every step of the way. Our dedicated attorneys understand the complexities of these cases and are committed to fighting for the justice and compensation you and your family deserve. You don’t have to face this challenging time alone. 

Reach out to us by calling (888) 522-9444 or filling out our contact form. Let’s discuss how we can help you move forward from this difficult situation with confidence and strength.

John A. Davis, Jr.


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

May 22 2024

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.

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