Wrongful death due to medical malpractice is said to have occurred if the doctor, surgeon or the hospital staff in Dallas have been negligent or careless, or have failed to provide the professionally acceptable standard of service, resulting in death. The legal definition of malpractice is the same for all states. In Dallas, wrongful death malpractice can result in damages being paid to the victim or the victim’s family. Some aspects of the law are listed below.
- The “next of kin” of the deceased can recover the damages. These include the spouse of the deceased and surviving children.
- The damages to be recovered can also be due to “pecuniary injuries” suffered. These refer to loss of money, goods, education, moral training, loss of spousal relationship and other services that the deceased would have provided his family.
- If the Dallas wrongful death has occurred after a period of suffering and pain, the damages for that pain and suffering can also be recovered. However, if the death has been instantaneous, there are no grounds for these claims. The damages for conscious pain and suffering, even if for a short period, can be recovered. This duration goes a long way toward determining the amount of recoverable damages. You can take help from an experienced wrongufl death lawyer to find out if you can claim for damages in such a case.
- If the insurance damages have been awarded to the next of kin of the deceased, the defendant cannot get the compensation sum reduced on this pretext.
- The Texas law of limitation as applicable to personal injury cases is applicable to Dallas wrongful death malpractice cases as well. Under this, the claim must be filed within two years.
- The Law of Comparative Negligence is not applicable in Texas. If more than one defendant is liable for the damages, the one with more than 51 percent contribution will be responsible for the total damages. However, if the plaintiff’s contributory negligence is less than that of the defendant, then the award amount is reduced by the same percentage.
- The maximum amount that one defendant has to pay in damages is capped at $250,000 in Texas. In case of more than one defendant, the total amount is capped at $750,000. This is applicable to individual defendants and/or the facility.
Medical malpractice cases hinge around the proof of negligence or carelessness. This is why you need an expert Dallas medical malpractice lawyer if anyone from your family has lost life because of medical negligence. We trust our doctors to do right by us. If you feel your doctor, surgeon or other medical professionals have made an error, you deserve to be heard in court, especially if you have recently lost a family member.