Have you or a loved one been misdiagnosed, incurred injuries from surgical errors, or contracted an infection while in the hospital?
When medical malpractice occurs, wrongful death is sometimes the unfortunate outcome. Usually the heirs will bring suit against the wrongdoer medical provider. Heirs can include the children of the deceased. Minor children can bring a claim for wrongful death as well as being a potential heir to the estate’s survival cause of action. The same is true for adult children.
The spouse of the deceased would be able to bring a wrongful death claim as well as a beneficiary of the estate’s survival claim. The parents of the deceased are claimants and have wrongful death claims. Siblings of the deceased do not have a cause of action in a wrongful death lawsuit.
What constitutes medical malpractice?
Medical malpractice can include many areas including but not limited to misdiagnosis, surgical errors, medication errors, doctor errors, nursing errors, infections, brain injuries, failure to notify when a patients condition becomes worse, labor and delivery errors, improper or inadequate training of staff, prescription errors, failure to monitor adequate air supply.
Important changes in medical malpractice law
Changes in malpractice law "caps" damages
As of September 1, 2003 a dramatic and controversial new law went into effect creating a “cap” on the damages available to an injured patient. Section 74.301 of the Texas Civil Practice and Remedies Code caps both economic and non-economic damages to the injured patient.
Non-economic damages are capped at $250,000 against both doctors and hospitals. Economic damages are capped at $250,000 from each doctor or hospital for a total not to exceed $500,000. In wrongful death cases, the damages are capped at $500,000.
The effect of the new law has been chilling. Research indicates that for every ten (10) medical malpractice cases that were filed before 2003, now one (1) is filed. Texas has become a very friendly state for the doctor or hospital who commits malpractice.
Section 74.303 (b) of the Texas Civil Practice and Remedies Code controls the caps and is now approximately $1,650,000. In causes of action field after 2003, this would include all damages including exemplary damages. See 74.303 (a).
Section 41.008 of the Texas Civil Practice and Remedies Code controls exemplary damages. Calculations such that punitive are limited to the larger of non-economic damages up to a cap of $750,000 plus 2 times the economic damages or $200,000.
If you or a loved one been misdiagnosed, incurred injuries from surgical errors, or contracted an infection while in the hospital, Houston's medical malpractice attorney E. Michael Grossman is here to help.