When Can a Family Bring a Wrongful Death Case Based on Medical Malpractice?


After a family member dies while under someone else’s care, relatives may assume that the health care professionals did all that they could to save his life. However, health care providers are just as human as their patients, and can make mistakes that lead to injuries in their patients.Medical negligence at the hands of doctors, nurses, caretakers, dentists, and other health care providers is a major cause of death for patients nationwide. While there are many ways medical negligence can lead to a wrongful death case, the most common allegations include:

  • Misdiagnosis. Failure to correctly diagnose a condition can lead to a delay in treatment that results in patient death, but wrong diagnosis (treating a health issue the patient does not have) can cause a doctor to order a course of treatment that can have fatal effects for the patient.
  • Surgery errors. Any surgical procedure that results in patient death should be thoroughly investigated to rule out malpractice. Many things can and do go wrong during a surgical procedure, including improper technique, failure to provide lifesaving treatment, and incorrect administration and dosage of anesthesia.
  • Prescription errors. Nurses, doctors, pharmacists, and companies can all be held responsible for releasing improper medications, dosages, paraphernalia, or product information to patients under their care.

We Can Tell You If You Have a Viable Medical Wrongful Death Claim

There is a time limit for survivors to bring a medical malpractice claim in Texas court. Families are required to file a claim within two years of the date on which the malpractice occurred. In wrongful death cases, the time limit usually begins on the date of the patient’s death.

The attorneys at Wayne Wright LLP can help you get the justice and compensation you deserve after a negligent provider took your loved one away from you. We can investigate the evidence in your case to tell you what to expect from your claim, and you do not pay us anything unless we win your case. Call us at 210-888-8888 today to tell us how we can help you.

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