Who can bring a wrongful death lawsuit for medical malpractice?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
December 26, 2014

Houston residents go to the doctor because they want to stay healthy or they need help getting better. Most of the time doctors help them and make them feel better. But sometimes doctors make fatal mistakes like the misdiagnosis of a fatal condition and their patients die. In this case families can bring a wrongful death lawsuit against the medical provider.
When a loved one dies because of a fatal doctor mistake families can be devastated. Families can face unforeseen expenses that can place a family in hardship circumstances. Under Texas law, families have the right to hold the negligent medical provider responsible for their negligence. If a family believes that their loved one died because of medical negligence they can bring a wrongful death lawsuit for medical malpractice. The surviving spouse, children, or parents of the victim can file a wrongful death lawsuit. If after three months after death a surviving spouse, child or parent of the victim do not file a wrongful death lawsuit, then an executor of the estate can file a wrongful death lawsuit. The law does call for a two year statute of limitations for medical malpractice claims.
A wrongful death lawsuit can help a family recover from financial loss and begin to move on. Damages from a wrongful death lawsuit may depend on what family member died. Parents, for example, may be able to recover compensation from their child’s death for loss of companionship, mental anguish, and other damages. A spouse can recover damages also for loss of companionship, mental anguish, and loss of financial contributions. Finally, a child may recover damages for loss of companionship and mental anguish as well, along with compensation for what the deceased would have contributed for that child’s care.
A legal professional skilled in medical malpractice claims can help families through this difficult time. With an in depth understanding of the law, a claim may be pursued aimed at recovering compensation for an unfortunate loss.

John A. Davis, Jr.


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

December 26 2014

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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