When medical negligence results in the death of someone you care about, the pain goes far beyond grief. Families face financial strain, unanswered questions, and the weight of knowing the death might have been prevented. In Houston, wrongful death cases involving medical malpractice require attorneys who understand both the legal complexities and the emotional toll these losses create.
At Davis & Davis, we exclusively focus on medical malpractice cases, including wrongful death claims throughout Houston and across Texas. With nearly 70 years of combined experience and more than 300 jury trials, our trial-tested legal team fights for families who have lost someone due to preventable medical errors. We understand the unique challenges Texas law presents, and we are committed to pursuing justice for families affected by medical negligence.
What Constitutes Wrongful Death in Medical Malpractice Cases
Wrongful death occurs when a person dies due to another party’s negligence or wrongful act. In medical malpractice cases, this means a healthcare provider’s failure to meet the accepted standard of care directly caused or contributed to the patient’s death.
Common scenarios include surgical errors such as operating on the wrong body part or leaving surgical instruments inside the patient, diagnostic errors like misdiagnosing cancer or failing to identify a heart attack, anesthesia mistakes including improper dosing or inadequate monitoring, medication errors such as prescribing the wrong drug or incorrect dosage, and hospital negligence involving understaffing or inadequate patient monitoring.
To establish a wrongful death claim based on medical malpractice in Texas, you must prove the healthcare provider owed a duty of care to the deceased, the provider breached this duty by failing to meet the standard of care, this breach directly caused the patient’s death, and the death resulted in measurable damages to surviving family members.
Who Can File a Wrongful Death Claim in Texas
Texas law limits who may file a wrongful death lawsuit. The surviving spouse, children, and parents of the deceased have the right to bring a claim. If these family members do not file within three months of the death, the executor or administrator of the deceased person’s estate may file on behalf of eligible survivors.
Each eligible family member may seek compensation for their individual losses. This includes the loss of companionship, guidance, and support that the deceased would have provided. Financial losses such as lost income and benefits are also recoverable. While multiple family members may have claims, Texas law requires these claims to be brought together in a single lawsuit to prevent conflicting verdicts.
Building a Strong Wrongful Death Case
Medical malpractice wrongful death cases require substantial evidence and testimony. You need medical records documenting the care provided, the patient’s condition, and the timeline of events leading to death. Expert medical testimony is essential to establish what the standard of care required, how the provider’s actions fell short, and how this failure caused the death.
We work with qualified medical professionals who review the facts and provide credible testimony. These individuals have the credentials and experience to explain complex medical issues to a jury. Financial documentation showing lost wages, benefits, and other economic losses strengthens your claim for damages.
The process begins with a thorough investigation of what happened. We review all medical records, interview witnesses, and consult with medical professionals to understand the full scope of the negligence. This groundwork forms the foundation of your case.
Texas Laws Affecting Wrongful Death Claims
Texas imposes specific limitations on medical malpractice wrongful death claims. Damage caps limit non-economic damages to $250,000 per healthcare provider and $500,000 total from all healthcare institutions. Economic damages, including lost income and medical expenses, are not capped.
The statute of limitations requires filing within two years of the date of death. Missing this deadline typically means losing your right to pursue compensation. However, exceptions may apply in cases involving fraud, concealment, or when the injured party was a minor. Consulting with an attorney promptly helps ensure you preserve your rights.
Texas also follows modified comparative negligence rules. If the deceased contributed to their own death through their actions, your recovery may be reduced by their percentage of fault. If they were more than 50 percent responsible, you may not recover anything. These rules make it crucial to build a strong case showing the healthcare provider’s primary responsibility.
Why Choose Davis & Davis for Your Houston Wrongful Death Case
Few law firms focus exclusively on medical malpractice cases. At Davis & Davis, this exclusive focus drives everything we do. Our Houston attorneys have handled complex wrongful death claims throughout Texas and nationwide, building a reputation for thorough preparation and aggressive advocacy.
We operate on a contingency fee basis, meaning you pay no upfront fees or out-of-pocket expenses. We only recover compensation when we obtain a settlement or jury award for you. This commitment demonstrates our confidence in the cases we accept and our dedication to helping families seek justice.
Our trial experience sets us apart. Many attorneys settle cases to avoid the courtroom. We prepare every case for trial from day one. With more than 300 jury trials between our attorneys, we have the courtroom skills necessary to present your case effectively. Insurance companies and healthcare providers know we are willing to take cases to verdict, which often leads to better settlement offers.
Our Approach to Wrongful Death Cases
We begin by listening to your story. Understanding what happened and how it has affected your family helps us build a case focused on your specific needs. We then conduct a comprehensive investigation, gathering all relevant evidence and consulting with medical professionals who can explain what went wrong.
Throughout the process, we keep you informed and involved. Legal proceedings can feel overwhelming, especially while grieving. We explain each step clearly and answer your questions so you understand what to expect. Our goal is to handle the legal burden while you focus on healing and supporting your family.
We also understand the financial pressures families face after a wrongful death. Medical bills, funeral expenses, and lost income create immediate needs. While we work toward a fair resolution, we move efficiently to address these concerns without sacrificing the quality of your case.
Davis & Davis Is Here to Help Houston Families
Losing someone to medical negligence leaves families searching for answers and accountability. At Davis & Davis, our Houston wrongful death attorneys bring nearly 70 years of combined experience to every case we handle. Our trial-tested legal team knows how to navigate the complex legal landscape in Texas and has successfully represented families throughout Houston and across the nation. We fly to meet clients anywhere in the United States because we believe every family deserves strong representation after experiencing such a devastating loss.
Contact us to discuss your case for free and learn how we may be able to help you pursue justice.
