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Compensation for fatal medical errors in Texas

Texas residents are fortunate to have a number of well-known and respected physicians and medical centers in the state. People here trust that when they have to be admitted to a hospital, the doctors and other staff will exercise a generally accepted level competence and skill in treating them. Unfortunately even the best doctors occasionally make mistakes. When a medical error results in a patient's death, surviving family members have the right to recover compensation by asserting a medical malpractice claim as part of a wrongful death lawsuit.

Proving medical negligence can be complicated. Doctors are not expected to cure every illness, and hoped-for results sometimes fail to materialize. This in itself is not malpractice. Medical malpractice occurs when a doctor or other health care professional fails to meet the accepted standard of care in their area of practice. The standard of care can be broadly defined as the level of care that is generally met by reasonably competent doctors practicing in the same specialty.

In Texas, a plaintiff must present the testimony of an expert witness to prove liability in a medical malpractice case. Texas law requires that the expert be a health care practitioner in the same field of practice who is knowledgeable about the applicable standard of care.

Doctors, hospitals and their insurance companies have a lot of resources at their disposal to contest medical malpractice claims. When someone has suffered the loss of a loved one due to medical negligence, having an experienced medical malpractice law firm on their side can help level the playing field.

Source: Findlaw, "Proving Fault in Medical Malpractice Cases," accessed July 6, 2015

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