Wrongful Death Lawyer in San Antonio

A wrongful death in the medical field occurs when a healthcare provider's mistake or negligence leads to a patient's death. This can involve various factors, such as improper diagnosis, surgical mistakes, or a failure to provide the necessary standard of care.

While both involve medical negligence, a wrongful death claim focuses on situations where the healthcare provider's actions directly resulted in the patient’s death. Unlike standard malpractice cases, wrongful death claims seek to compensate the deceased's family for their loss.

To build a strong wrongful death case, you’ll need evidence like medical records, expert opinions, and witness statements that demonstrate how negligence occurred and how it led to the loss of your loved one.

In a wrongful death lawsuit, families can seek compensation for various losses, including funeral costs, lost financial support, emotional suffering, and loss of companionship. The goal is to address both financial and emotional impacts.

In Texas, the legal system allows only certain close relatives—specifically the spouse, children, and parents of the deceased—to pursue a wrongful death lawsuit. Other family members, such as siblings or grandparents, are not permitted to file a claim under state law. Unfortunately, more distant relatives like siblings or grandparents are not permitted to file these claims.

Yes, even if your loved one had pre-existing health conditions, you could still file a wrongful death claim. The key is proving that the healthcare provider's negligence directly contributed to their death despite their prior health issues.

Holding a healthcare provider accountable through a wrongful death lawsuit can lead to important changes in their practices, potentially preventing future tragedies. It may also result in financial penalties and affect the provider’s professional standing.

A wrongful death attorney will handle every aspect of your case, from investigating the circumstances of the death to representing you in court. They provide the expertise needed to navigate the complex legal system and advocate for your family’s best interests.

Yes, Texas law places a cap on the amount of damages that can be awarded in wrongful death cases related to medical malpractice. This cap is periodically adjusted and balances compensation with limits on healthcare provider liability.

In Texas, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person's death.

However, this general rule does NOT apply to claims involving medical malpractice, nursing home abuse or neglect, or any other health care liability claim. In all health care liability claims, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the alleged negligent act or omission that caused the wrongful death (e.g., the date of surgery – not the date of death).

In medical cases, this means eligible family members—such as the surviving spouse, children, or parents of the deceased—must initiate legal action within two years of the date of negligence, which may be shorter than the date of death, to seek compensation for their loss. Failing to file within this timeframe typically results in the forfeiture of the right to pursue a claim.