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Wrongful Death Archives

Common anesthesia errors that may require legal action

Many Texans who have even relatively minor operations will probably require anesthesia. Whether they are rendered unconscious during their procedures or are given localized pain medicine, anesthesia is an important part of many surgeries.

Can medical records be disclosed in wrongful death cases?

Medical records are sensitive, and people generally do not want these records made available to anyone. The law recognizes this, and thus, provides for a physician-patient privilege that protects this private information. Per federal and Texas law, the physician-patient privilege means that patients do not have to provide others with their private medical information, unless they agree to do so. This generally means that, with a few exceptions, doctors are not permitted to disclose any medical information obtained in a professional capacity without the patient's consent.

A wrongful death lawsuit versus a medical malpractice lawsuit

When people in Houston suffers a serious illness or injury, it can change the trajectory of their life forever. Depending on the severity of their illness or injury, they may be left with lifelong effects due to their medical condition, even after treatment. In the worst of circumstances, the medical condition will be fatal, and the person will pass away.

Maternal loss of a loved one after birth highly preventable

Texas residents who are starting a family or adding to it by having a baby will undoubtedly be happy and enthusiastic as the event draws near. There are many things to consider with having a new baby and one that has thankfully been reduced is danger to the mother. Whereas women were once prone to injury and death related to childbirth, that fear has largely been reduced to a near-afterthought. However, new research indicates that the U.S. has had a worrisome number of maternal fatalities related to a pregnancy. People who have suffered the loss of a loved one in these circumstances should be aware of the percentage of these deaths that were deemed preventable.

The right approach for victims of medical mistakes

A previous post here discussed the sometimes deadly problem of misdiagnosing pulmonary embolism. Sadly, however, pulmonary embolism is not the only life-threatening condition that doctors may fail to identify in their patients. Cancer, heart conditions, nervous system disorders and a host of other serious medical conditions can be overlooked by medical professionals when they fail to meet their duty of care to their patients.

Legal issues related to losing a loved one

The loss of a loved one can be a traumatic experience for a family, no matter the circumstances that surround their death. When an elderly relative passes on a Texas family may struggle with the loss even if the deceased lived a long and wonderful life. However, when a person dies under conditions that should have been safe and even beneficial to them, the loss can carry with it even more weight.

What are the elements of a wrongful death claim?

The surviving loved ones of a victim of a medical malpractice mistake may be scared, confused and unsure of what to do after losing their relative to a preventable error. Although medical malpractice may be the cause of the victim's demise, their death may offer their survivors an option for seeking compensation and the recovery of their damages: a wrongful death claim.

Failure to diagnose leads to wrongful death award

Texas medical professionals carry a heavy responsibility. They are tasked with diagnosing and treating a seemingly countless number of injuries and illnesses. When those medical conditions are serious, any misstep by a doctor or nurse can lead to severe consequences for a patient. In the worst cases, a patient can die as a result of medical error.

Depositions can be key to building a strong malpractice case

The Texas legal process to impose liability for medical malpractice can seem labyrinthine. There are a number of rules, and legal strategies may require additional steps throughout all stages of a lawsuit. Although, it may be tempting to rush through the process, doing so could negatively impact one's claim and, thus, his or her ability to recover compensation. Therefore, those pursuing a medical malpractice lawsuit need to ensure they are taking the legal steps necessary to build a strong case.

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