What is a Medical Malpractice Wrongful Death Case?
The law says that a “Wrongful Death” has occurred when someone dies because of the negligence of someone else. Some of the saddest cases we have handled at Polewski & Associates involve the needless death of husbands and wives, sons and daughters-lives cut short in their prime, and for no reason except that a doctor or nurse wasn’t paying attention.
The term “wrongful death” case is a term that describes the type of injuries that occurred, not the cause of those injuries. There are wrongful death cases involving car accidents, dangerous products, unsafe working conditions, and of course medical malpractice cases.
Cases like the baby killed when the obstetrician waited too long to deliver him. Or the father killed with an overdose of morphine. Or the son who died when a surgeon mistakenly cut all the blood supply to his liver. Or the mother who died because her doctor missed obvious cervical cancer. These are tragedies that devastated the lives of their families. And all because a doctor wasn’t paying attention, or because simple safety rules weren’t followed.
Nothing can ever replace the loss of a beloved family member. But your medical malpractice suit can replace the lost income and pay the medical bills. It can ensure that children go to college, that there is food on the table and that the mortgage gets paid. And your wrongful death medical malpractice case can prevent another death. These are powerful and important reasons to act, and act now.
Who Can Sue for Wrongful Death?
Texas has a “Wrongful Death Statute” which sets out who can sue for damages that result from the death of another person. In Texas, only the surviving spouse, children and parents are allowed to sue for a wrongful death. Some other states allow siblings and grandparents to sue as well, but Texas does not.
What Damages Can You Recover in a Wrongful Death Case?
In Texas, medical malpractice cases are all subject to a grossly inadequate and unfair “cap” on the damages that can be recovered. This damage cap is generally $250,000 and must be shared by all family members of the deceased person. There is no excuse for this limitation: see https://polewskilaw.com/blog/the-limits-of-medical-malpractice-recoveries-in-texas/
In all other types of wrongful death cases, this damage cap does NOT apply.
Contact Us Now. Tomorrow May Be Too Late.
There are strict time limits for filing your wrongful death suit. If you miss the deadline, it won’t matter how good your case is–you lose. There is no reason to wait–your consultation with us is free, and we don’t charge a dime unless we get a recovery for you.
The time to act is now. Tomorrow may be the day that it is too late to sue, or a crucial piece of evidence is lost forever. In a month or two months another patient could suffer the same things you did because you didn’t act today.
There is no reason to wait: we charge you nothing unless we obtain a settlement for you. Your consultation with us is free.
