Losing a loved one when they come to hospital for routine treatment or surgery but dies is devastating. The situation becomes even more catastrophic if you suspect that you may have died due to the negligence or incompetence of a doctor, medical technician, hospital staff, or medical device manufacturer. You are entitled to sue the hospital and get compensation if you can show that the hospital was at fault.
Section 71,001 of the Texas Statutes states in part that a wrongful death claim may be made if the “wrongful act, neglect, negligence, incompetence, or omission” of one party causes the death of another person. In a death, there can be more than one defendant, including a person (e.g. a doctor or nurse), an institution (e.g. a hospital), a company (e.g. a medical equipment company), and many other. False deaths range from simple accidents to complicated cases of malpractice and product liability.
In many cases, you can sue a hospital for wrongful death if your family member died while receiving treatment from hospital staff as a result of the negligence, negligence, willful neglect or incompetence of one or more parties in the hospital. However, these cases are complicated and a Dallas unlawful death attorney is best placed to answer legal questions about your particular case. At Guajardo & Marks, we’ve helped countless families get the justice they deserve by filing an unlawful death lawsuit on their behalf. In these cases we have a successful track record and have caused significant financial damage to our customers. To learn more about how we can help, call us at 972-774-9800 for a free initial consultation.
Who can sue a hospital for unjustified death?
Unlawful death can only be claimed by certain people, typically family members. Even those who are entitled to submit euthanasia can vary from state to state. In Texas, the following parties may seek unlawful deaths in the event of the death of a loved one:
- Surviving spouse
- Minor children
- Adult children
- Adopted children (many files relating to the death of an adoptive parent, but not a birth parent)
- Adoptive parents
- Personal representative or executioner
The personal representative or executor of the estate of a deceased person may bring an unlawful death lawsuit if the surviving spouse, children or parents have not filed a lawsuit within 3 months of the date of death. A personal representative or executor not allowed filing a lawsuit if a surviving family member specifically requests that an unlawful death lawsuit not be prosecuted.
Surviving siblings not allowed Filing an illegal obituary notice in Texas for the loss of a sister or brother.
It’s important to remember that an unlawful obituary is being filed Civil court and is only used to make reparation for monetary damage. Family members or a personal representative initiate these lawsuits. When murder charges are made because someone died by hospital staff, those charges are brought Criminal court and are initiated by a prosecutor. If successful, these fees could result in jail time.
If you are wondering, “Can you sue a hospital for wrongful death?”, We can help. Our decades in the courtroom – more than 50 years combined legal experience – have improved our skills and sharpened our skills in these cases. We have a successful track record in securing financial payouts for customers. Contact an experienced attorney at Guajardo & Marks at 972-774-9800. We can review the details of your individual situation and give you an answer.
How much money can you get if you sue a hospital for wrongful death?
Every case is different, so there isn’t an average amount of money you can get when you sue a hospital for a death. In general, the more defendants there are (doctor, hospital, medical device manufacturer, etc.), the better your chances of getting a payoff from each of their insurance companies. Some damages can be granted based on the loss of the deceased, and some based on the loss of the surviving family. Here are the types of compensation in a death:
- Past and current medical bills
- Funeral and funeral expenses
- Loss of wages
- Loss of future earnings potential
- Loss of relationship for spouse, children, or parents
- The deceased would have provided lost care, guidance, counseling, maintenance, counseling and support to his surviving family members
- Mental and emotional agony, pain and suffering
- Lost inheritance, including any money or property that the deceased would likely have saved and given to family members had he or she lived a normal expected life.
In some cases of unlawful death in Texas, a court may award “exemplary damages” that are punishable and precautionary in cases where the unlawful death was caused by willful or negligent negligence. The purpose of exemplary damages is to punish the misconduct and send a warning message to other people or companies in a similar situation who may be tempted to pursue similar behavior.
One thing we know for sure is that families represented by lawyers generally receive much higher payouts than families trying to make their own claims. You don’t want to try to represent yourself in court in such cases as they are complex, time consuming and require a thorough understanding of the legal system. To learn more about how Guajardo & Marks can help, call us at 972-774-9800 for a free consultation on your case.
How does it work after hiring an unlawful death attorney?
The most important first step you will take is to hire a qualified and aggressive lawyer. Next, your attorney will walk you through the process of building a high-impact litigation.
Your attorney will meet with you promptly to find out your side of the story. He will also collect evidence, give testimony, review medical records, research the relevant law, review hospital and medical security records, and even hire an expert if necessary. Guajardo & Marks has the financial resources to do solid research and employ experts to prove your case. You will find no other unlawful death attorneys in Dallas who devote the countless hours and resources that Guajardo & Marks puts into building a high-profile case on your behalf.
Contact an unlawful death attorney in Dallas today
If your loved one tragically died of negligence following hospital treatment, you may be entitled to financial compensation. There is nothing more devastating than trusting a hospital and its staff to take care of your loved one so that your family member dies during or after treatment. If this describes your situation, a Guajardo & Marks attorney in Dallas may be able to help. We know you are likely to face rising medical bills, lost income, funeral and funeral expenses, and overwhelming pain and suffering. In these cases, we aggressively represent customers in order to get the justice they deserve. To learn more about how we can help, call us at 972-774-9800 for a free initial consultation.