Wrongful Death Due to Medical Negligence

If you lost a loved one due to a hospital’s negligence, you may have legal grounds to seek justice. Medical institutions have a duty to provide proper care, and when errors lead to fatal consequences, families deserve answers and compensation. At Fibich, Leebron, Copeland & Briggs, our experienced Houston medical malpractice attorneys can help you understand how to file a lawsuit against a hospital and hold the responsible parties accountable.

What is Wrongful Death Due to Medical Negligence?

Medical negligence occurs when a hospital, doctor, or healthcare provider fails to meet the accepted standard of care, resulting in patient harm or death. In a wrongful death case, this negligence directly causes a fatal outcome. To establish liability, we must prove:

A doctor-patient or hospital-patient relationship existed.
The hospital breached its duty of care through negligence or improper policies.
This breach directly caused the patient’s death.

If a healthcare provider’s actions deviated from industry standards and caused a preventable death, the hospital may be liable.

Common Types of Hospital Negligence Leading to Wrongful Death

Families may sue a hospital for wrongful death when medical negligence leads to a fatal outcome. Common causes include:

Misdiagnosis or delayed diagnosis
Medication errors – incorrect dosage or wrong prescription
Surgical mistakes – anesthesia errors, improper procedures
Inadequate staffing – insufficient medical personnel on duty
Failure to maintain equipment – use of defective medical devices
Hospital-acquired infections – lack of proper sanitation protocols

Hospitals can also be held accountable if they employ unqualified medical staff, fail to supervise negligent employees, or do not enforce proper patient safety protocols.

Who Can File a Wrongful Death Lawsuit in Texas?

Under Texas wrongful death laws, the following individuals can file a claim:

Spouse of the deceased
Children (minor or adult)
Parents of the deceased

If family members do not file a lawsuit within three months of the death, the personal representative of the estate may pursue a claim on their behalf. Our Houston wrongful death attorneys can determine eligibility and guide you through the legal process.

How to File a Lawsuit Against a Hospital in Texas

To successfully file a lawsuit against a hospital for wrongful death, plaintiffs must:

Gather medical records – Document any potential malpractice.
Consult with medical experts – Expert testimony is crucial for proving negligence.
File a claim within the statute of limitations – Texas law imposes a two-year deadline for filing medical malpractice cases.
Prove hospital liability – Show how the hospital’s negligence caused the wrongful death.

At Fibich, Leebron, Copeland & Briggs, we have the experience and resources to build a strong case against negligent medical institutions.

Compensation in Wrongful Death Cases

If a hospital’s negligence caused your loved one’s death, you may be entitled to compensation for:

Medical expenses prior to death
Funeral and burial costs
Loss of income and financial support
Pain and suffering of surviving family members

Texas law limits non-economic damages in medical malpractice cases to $250,000 per healthcare provider, with a cap of $500,000 in cases involving multiple institutions. However, additional damages may be available in cases of gross negligence.

Deadline to File a Wrongful Death Lawsuit Against a Hospital

Texas imposes a two-year statute of limitations on wrongful death lawsuits involving medical malpractice. Certain exceptions may apply, but most late-filed cases will be dismissed. To ensure your case is filed on time, contact a Houston wrongful death lawyer immediately.

Call Our Houston Wrongful Death Attorneys Today

You deserve answers if your loved one died due to a hospital’s negligence. The Houston wrongful death lawyers at Fibich, Leebron, Copeland & Briggs are ready to fight for justice on your behalf.

Call us today at 713-751-0025 or fill out our online contact form to schedule a free consultation. We work on a contingency fee basis, meaning you pay nothing unless we win compensation for you.

Thank you, Diana. You are amazing and a great demonstration of diligent workmanship. As I have experienced, especially during these years, most of the workforce, you can not call a workforce; they are, for the most part, like zombies collecting a paycheck.

Your work ethics set you far above most and I wish you success in all you do, may all your dreams be fulfilled and your life be a display of the beautiful, radiant person you are.

Thank you for all your patience and communication.

Former Client

“Tommy Fibich is a man of impeccable integrity and passion for representing individuals and companies that have been wronged. Tommy took the time to listen to and carefully evaluate our predicament. When he concluded that we had been wronged, he and Jay Henderson then proceeded to aggressively represent us with the dedication, ability, experience and reputation that produced a wonderful outcome for our company!”

Former Client

Thankful for Greg, Shari, and Charles, whom assisted in my dad’s wrongful death case. It was a long process, but they kept us updated the whole time! Would highly recommend them to anyone.

Former Client

“Erin Copeland & Russ Briggs at Fibich, Leebron, Copeland & Briggs treated me with the great compassion & professionalism. The entire staff was very courteous and always willing to assist. I interviewed several attorneys prior to choosing this firm. I knew after sitting down with Erin Copeland that I made the right choice. She is an incredible attorney with a true passion for her job.”

Melissa Lomeli Marlow

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