When medical negligence takes a family member, the pain extends 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 rooted in medical malpractice demand attorneys who understand both the legal complexity and the emotional cost of preventable loss. At Davis & Davis, we focus exclusively on medical malpractice, including wrongful death claims throughout Houston, Texas, and nationwide.
With nearly 70 years of combined experience and more than 300 jury trials, our attorneys have built a reputation for fighting hard for families when hospitals, physicians, and healthcare institutions cause preventable deaths. We work entirely on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family.
⚠ Time-Sensitive — Texas Law Limits Your Window to File
Texas wrongful death claims have a two-year deadline. Waiting may cost your family the right to pursue compensation.
Nearly 70 years of combined experience. 300+ jury trials. No upfront fees — ever. We fly to meet clients nationwide.
What Wrongful Death Means in Medical Malpractice Cases in Houston
Wrongful death under Texas law occurs when a person dies as a result of another party’s negligence, carelessness, or wrongful act. In medical malpractice cases, this means a healthcare provider failed to meet the accepted standard of care, and that failure directly caused or contributed to the patient’s death. These are not ordinary accidents. They are preventable failures that happen inside hospitals, operating rooms, and clinics where families put their trust.
Common medical errors that give rise to wrongful death claims include surgical errors such as operating on the wrong site, leaving instruments inside a patient, or failing to manage post-operative complications. Anesthesia errors involving improper dosing or inadequate monitoring can also prove fatal, as can medication errors that result in toxic combinations or incorrect dosing. Diagnostic failures, including missed cancer diagnoses or an undetected heart attack, and hospital-level negligence such as understaffing or inadequate monitoring round out the most common causes in medical malpractice wrongful death cases.
The Four Elements You Must Prove in Houston
To establish a wrongful death claim based on medical malpractice, four elements must be demonstrated. First, the healthcare provider owed a duty of care to your family member. Second, the provider breached that duty by failing to meet the accepted standard of care. Third, that breach directly caused your family member’s death. Fourth, the death resulted in measurable damages to surviving family members. Each element requires evidence, and most require qualified medical expert testimony to explain what went wrong and why.
Who Can File a Wrongful Death Claim in Texas
Texas law establishes who has the legal right to bring a wrongful death lawsuit. The surviving spouse, children, and parents of the deceased each have independent standing to file a claim. If none of these family members files within three months of the date of death, the executor or administrator of the estate may bring the claim on their behalf.
It is important to understand that Texas courts require all eligible family members to consolidate their claims into a single lawsuit. This prevents conflicting verdicts and ensures the case moves forward in a coordinated manner. Each eligible family member may still seek compensation for their own individual losses, which can include the loss of companionship, guidance, financial support, and the relationship they had with the person who died.
Damages Your Family May Recover in a Wrongful Death Case
A successful wrongful death claim may allow your family to recover two broad categories of damages: economic and non-economic. Understanding the difference matters because Texas law treats them differently when caps apply in medical malpractice cases.
Economic Damages
Medical expenses incurred before the death, funeral and burial costs, loss of the deceased’s income and financial contributions, loss of household services, and loss of inheritance the family would have received.
Non-Economic Damages
Loss of companionship, comfort, and society. Mental anguish suffered by surviving family members. Loss of the guidance, counsel, and parental care the deceased would have provided.
In medical malpractice wrongful death cases specifically, Texas imposes caps on non-economic damages. Each individual healthcare provider’s liability for non-economic damages is capped at $250,000, and the total cap for all healthcare institutions combined is $500,000. Economic damages, including lost income, medical bills, and funeral costs, are not subject to these caps. These rules make careful documentation of all financial losses critical to maximizing your family’s recovery.
Texas also permits punitive damages in limited circumstances where the evidence shows the healthcare provider acted with malice or fraud. These are relatively rare in medical malpractice cases but may apply in egregious situations.
Wrongful Death Claims vs. Survival Actions in Texas
Many families are unaware that two separate legal claims may exist when someone dies due to negligence. A wrongful death claim belongs to the surviving family members and compensates them for their own losses, such as lost financial support and loss of companionship. A survival action, by contrast, belongs to the deceased person’s estate and covers the damages the deceased would have been entitled to had they survived, including medical expenses, lost earning capacity, physical pain, and mental anguish experienced before death.
Both claims can be pursued simultaneously and often should be, as they compensate for different kinds of harm. The survival action proceeds to the estate first and is then distributed to heirs. Understanding which claims apply to your situation requires a careful review of the facts, which is something our attorneys do at the outset of every case.
Meet Steven R. Davis and John A. Davis, Jr.
Steven R. Davis
Attorney at Law | Davis & Davis
Steven R. Davis has dedicated his legal career to representing victims of medical malpractice, including families who have lost someone to preventable medical errors. With decades of courtroom experience and hundreds of jury trials, he has built the kind of trial record that commands respect from insurance companies and defense teams throughout Texas.
John A. Davis, Jr.
Attorney at Law | Davis & Davis
John A. Davis, Jr. brings the same level of commitment and courtroom experience to every wrongful death case he handles. Together, the Davis & Davis legal team brings nearly 70 years of combined experience exclusively focused on medical malpractice law, a depth of focus rarely found in Texas law firms.
Back in 2003, when Texas capped the amount recoverable in medical malpractice cases and many firms walked away from this area of law, Davis & Davis stayed. Grounded in their commitment to clients and their Christian faith, Steven and John refused to abandon families suffering from medical negligence because of financial difficulty. That decision defines who they are and how they approach every case.
Why Choose Davis & Davis for Your Houston Wrongful Death Case
Few wrongful death attorneys focus exclusively on medical malpractice. Most firms that handle wrongful death cases also take car accident claims, premises liability cases, and dozens of other practice areas. At Davis & Davis, every case is a medical malpractice case. That singular focus shapes how our team investigates claims, retains medical experts, and prepares for trial.
We prepare every case for trial from day one, not as a formality but as a strategy. Insurance companies and hospital defense teams know we are willing to take cases to a jury. That willingness often produces stronger settlement offers than a firm that signals it wants to avoid the courtroom. With more than 300 jury trials between our attorneys, we have the experience to present your case compellingly to any jury in Texas.
We also work on a contingency fee basis, meaning there are no upfront legal fees and no out-of-pocket expenses. We pay for the qualified independent medical experts your case requires. We only recover our fees when we obtain a financial settlement or jury award for your family. We have also built a national practice and regularly fly to meet clients throughout the United States. No matter where you are located, geography is not a barrier to getting our attorneys on your case.
How We Build Your Wrongful Death Case in Houston
We begin by thoroughly reviewing all medical records to understand the timeline of care, the decisions made, and where those decisions deviated from accepted standards. We consult with qualified medical professionals whose credentials and experience allow them to explain complex medical issues clearly to a judge or jury. We interview witnesses, gather financial documentation to support economic damage claims, and work to preserve evidence before it disappears.
When we take a wrongful death case, we make a financial commitment to it. Our investment only pays off when your family receives compensation. That alignment of interest means we are selective about the cases we accept, and we are fully committed to the ones we take.
Texas Statute of Limitations for Wrongful Death Cases
Texas law requires wrongful death lawsuits to be filed within two years of the date of death. This deadline is found in the Texas Civil Practice and Remedies Code, Section 16.003. Missing this deadline almost always means losing your family’s right to pursue compensation permanently.
Limited exceptions may apply when there is evidence of fraud or concealment by the healthcare provider, or in cases involving minor children. However, these exceptions are narrow and should never be relied upon as a reason to delay. The sooner you contact an attorney, the sooner your legal team can begin preserving medical records, securing expert testimony, and building the evidentiary foundation your case needs. Delay benefits the defense, not your family.
Frequently Asked Questions About Wrongful Death Cases
The following questions address the concerns we hear most often from families who have lost someone due to medical negligence in the Houston area.
Who can file a wrongful death claim in Texas after a medical malpractice death?
Texas law allows the surviving spouse, children, and parents of the deceased to file a wrongful death claim. If none of these family members files within three months of the death, the estate’s executor or administrator may file on their behalf. Multiple family members may have independent claims, but Texas courts require all eligible parties to consolidate into a single lawsuit.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim belongs to the surviving family members and compensates them for their own losses, such as loss of financial support, companionship, and guidance. A survival action belongs to the deceased’s estate and covers what the deceased could have claimed had they survived, such as medical bills, lost wages before death, and pain and suffering experienced prior to death. Both claims may be pursued simultaneously.
How much does it cost to hire a wrongful death attorney at Davis & Davis?
Davis & Davis handles wrongful death cases on a contingency fee basis. You pay no upfront legal fees and no out-of-pocket expenses. Our firm also covers the cost of independent medical experts your case requires. We only recover fees if we obtain a financial settlement or jury award for your family.
Does our family have a case if the hospital says the death was not caused by malpractice?
A hospital’s denial of wrongdoing does not determine whether a valid claim exists. Medical malpractice wrongful death cases require an independent review of all medical records and an assessment by qualified medical experts. Davis & Davis conducts this review carefully before making any determination about your case. Many families whose claims were initially denied by hospitals have pursued compensation through legal action.
What damages can our family recover in a Texas wrongful death case?
Recoverable damages may include medical expenses incurred before the death, funeral and burial costs, loss of the deceased’s income and financial contributions, loss of household services, loss of companionship and guidance, and mental anguish suffered by surviving family members. In medical malpractice cases, Texas caps non-economic damages but imposes no cap on economic damages. In cases involving fraud or malice, punitive damages may also be available.
How long does a wrongful death lawsuit in Texas typically take to resolve?
The timeline varies depending on the complexity of the medical issues involved, the number of defendants, and whether the case settles or proceeds to trial. Medical malpractice wrongful death cases often require extensive expert review and preparation. Some cases resolve within one to two years of filing; others go to trial and may take longer. Davis & Davis prepares every case for trial from the outset, which often leads to stronger settlement outcomes.
Davis & Davis Is Here to Help Houston Families
Davis & Davis, Attorneys at Law, has spent decades fighting for the families of medical malpractice victims throughout Houston, across Texas, and nationwide. With nearly 70 years of combined experience, more than 300 jury trials, and an exclusive focus on medical malpractice law, our attorneys have the depth of knowledge and the courtroom record to take on hospitals, physicians, and healthcare institutions when they cause preventable deaths. Our commitment to clients and our Christian faith is what kept us in this practice after Texas capped damages in 2003, and it is what drives every case we accept today.
If your family is ready to take the next step, we are here to listen, review your case at no cost, and provide honest guidance on your legal options. We handle cases on a contingency fee basis, we fly to meet clients throughout the country, and we do not collect a fee unless we recover compensation for your family. To speak with our legal team, please contact us through our online form.
