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Wrongful death related to a medical procedure

On Behalf of | Feb 9, 2018 | Wrongful Death |

The hospitals and medical centers in and around The Woodlands are staffed by skilled doctors and surgeons who stand ready to offer whatever lifesaving intervention you or your loved one’s may need. Yet these providers are not infallible (as many of those that we here at The Leigh Law Firm have worked with in the past have discovered). Yet you still likely go into any medical or surgical procedure facing a friend or family member fully expecting there to be no complications. If there are (and your loved one does not survive them), is wrongful death lawsuit an option open to you and others he or she left behind? 

The answer to that question depends on the circumstances of your family member or friend’s death. Section 71.003(b)(4) of the Texas Civil Practice and Remedies Code states that a physician or healthcare provider is exempt from liability under the state’s wrongful death statute if your loved one’s death occurred during the performance of a lawful medical procedure. It is important to remember that there is typically no satisfaction guarantee associated with healthcare, and that despite the best efforts of clinicians, some illnesses and injuries simply cannot be overcome. 

However, if the doctor or surgeon that performed the procedure that led to your loved one’s death displayed negligence in doing so, then he or she can may be held liable through a medical malpractice claim. Proving negligence in such a case typically requires showing that the provider did not meet the accepted standard of care, and that had he or she done so, your family member or friend would have likely survived. 

You can discover more information about assigning liability following the death of a loved one by continuing to explore our site.