If
it can be established that a patient’s death is due to mistakes committed by a
doctor or any of the other hospital staff, the family members of the deceased
can file a medical malpractice or hospital neglect lawsuit, survivor action, and/or wrongful death claim.
Houston,
TX medical malpractice lawyers work in these situations all the time and they
know there is a complex body of law concerning lawsuits. This law can be
invoked to seek a civil remedy for the death of a patient caused by medical
malpractice. There is also the disparity between a survivor action and wrongful
death, as well as what is termed the doctrine of “loss of chance”.
You
can find some of the best lawyers along these medical malpractice lines right
here: http://medical-malpractice.usattorneys.com/texas/.
Basically,
there are two distinct lawsuits that can be made use of whenever medical
negligence plays a significant role in a patient’s death. They are wrongful death
as well as survivor action. In most cases, the family of the deceased files
both claims in the same lawsuit. For the most part, the difference between the
two actions is all about the types of damages available.
Wrongful Death Actions
When
a family files a wrongful death claim it brings forth certain legal arguments
as detailed below:
- The patient of the defendant passed away due to a medical mistake that ought not to have happened.
- The patient has close family members.
- The family members experienced compensable losses, resulting from the death.
- The doctor or the hospital that made the medical error ought to compensate the immediate family members, for every damage and loss caused by the death.
The
wrongful death damages can vary depending on several factors, which is why it
is necessary to consult a Texas medical malpractice lawyer to evaluate your case.
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| Doctors may receive the big bucks but nurses are not poor either. On top of this, it is not always the doctor's fault. Nurses make mistakes too and they have vital responsibilities in the medical community. Some say the nurses are more important than the doctors but that is another topic. If you believe a nurse fumbled with you or someone you care about, this site was designed just for this situation: http://nursing-home-abuse.usattorneys.com/texas/. |
Survivor Actions
By
filing a survivor claim, the family of the deceased patient usually makes the
following argument:
- The patient lost his/her life due to a medical error.
- The medical error resulted from suffering and pain to the patient before death.
- If the patient had not died, he/she could have sued the doctor/hospital to obtain compensation for all the harm suffered.
- The defendant doctor/hospital should not escape the responsibility just because the patient lost his/her life.
- The defendant(s) ought to pay suitable damages to the estate of the late patient.
Loss
of chance is yet another complicated legal issue that can stem from wrongful
death cases. As a rule, in medical malpractice or hospital neglect cases, a patient can sue a doctor only he/he has committed
an error that caused harm to the patient. This sounds very simple, but in
actual practice can be difficult to apply according to Houston medical
malpractice lawyers.
The
loss of chance doctrine varies from state to state, as well as the precise
medical treatment scenario. However, courts in general allow cases of wrongful
death actions, under the doctrine of "loss of chance". According to
this doctrine, providing a patient had even a small chance to survive, a judge
assumes that the doctor’s error reduced the patient's life. This means that
most judges don’t let doctors use the excuse "the patient would have died
anyway", to escape from the responsibility for medical malpractice.
How
would the doctor even know that? They are good but not that good. They are not
God – they do not have that type of clairvoyance or power.
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