According to the Institute of Medicine of the National Academy of Sciences, medical errors cause anywhere between 45,000 and 98,000 deaths every single year. This is a staggering number, and it’s unacceptable. Wrongful death is a sensitive topic and requires the assistance of a knowledgeable and compassionate Houston wrongful death attorney. With their help, you can begin taking the necessary steps to get your family member the justice they are so rightfully entitled to.
If your family member has lost their life as a result of a medical error, you can turn to an experienced Houston, Texas wrongful death lawyer from Davis & Davis to fight for the justice and financial compensation you and your family deserve. Contact us today to tell us your story so we can begin working on your case.
Proving Negligence in Houston Wrongful Death Claim
There are various ways in which an act of medical malpractice can result in the untimely death of an individual. Some of the most common causes of medical malpractice deaths are as follows:
- Birth injuries
- Diagnosis errors
- Hospital errors
- Surgical errors
- Anesthesia errors
- Medication errors
- Brain injuries
When it comes to proving negligence and establishing the at-fault party as liable, your Houston wrongful death attorney will immediately begin an investigation into the circumstances surrounding the wrongful death of your family member. This involves gathering and assessing any relevant evidence, including detailed medical records, documented photographs, and professional medical testimony.
Using the collected information, your Houston wrongful death attorney will be able to prove negligence has occurred through the four following components: expected duty of care, breach of care, causation or link, and the resulting injuries and ultimate passing. This means that the medical provider owed your family member the duty of correct medical care and their reckless actions directly resulted in their untimely death.
Importance of Hiring a Wrongful Death Attorney
Don’t try to handle the aftermath of a wrongful death claim alone. While you focus on spending time with surviving family and friends, let a dedicated Houston wrongful death attorney handle the hard parts of the case and get you one step closer to the compensation and justice your family deserves. This may include, but is not limited to, the following:
Recovering Adequate Compensation
Using the collected evidence to prove your loved one lost their life as a result of medical malpractice or negligence, we can work to ensure that you receive economic and non-economic compensation for the following:
- Funeral expenses
- The cost of medical treatment your loved one received prior to their death
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Loss of guidance
- Cost of lost wages that your loved one would have contributed
It can feel overwhelming to try to assign a financial number on pain and suffering, but the team of attorneys at Davis & Davis is here to help estimate an appropriate number to adequately cover the extent of your losses. We understand that sometimes financial compensation is one of the only viable routes to a fresh start, and that’s one of the reasons we fight so diligently for you.
Filing a Claim
Making the decision to file a claim for financial justice and compensation can be a tricky one to make. You may feel like it is not your decision to make. For clients navigating these complex emotions, Davis & Davis offers the following advice: if you believe that your family member would have filed a personal injury claim had they not passed away from their injuries, then it is generally a good rule of thumb to file for a wrongful death claim.
The current statute of limitations for wrongful death claims in Texas is two years. This means that typically, you will have two years from the date the medical error occurred to recover compensation on behalf of your loved one. There are exceptions to this rule, which your attorney can help you discuss if you have missed the deadline for filing. Our team can also help establish who is able to file a claim on behalf of the wrongful death victim. Of the surviving family, it is normally up to the individual identified as the personal representative in the last will and testament.
Contact a Houston, Texas Wrongful Death Lawyer Today
If your family member was fatally harmed because of a negligent medical professional or other party, contact a Houston, Texas wrongful death lawyer from Davis & Davis today. We are ready to fight for the outcome you and your family deserve with the compassion and knowledge necessary to win. Our people-first approach to the world of personal injury and wrongful death means you have access to support throughout the entirety of the process, all the way from the initial consultation to the final settlement.