Medical malpractice occurs when a doctor, nurse, physician's assistant, medical resident or other healthcare practitioner fails to adhere to the required standards of care and causes your medical condition or makes an existing condition worse. Wrongful death is a legal claim for damages resulting from a family member's death. They are different legal actions but they can be combined if the death of a family member was directly caused by the willful intent or the negligence of your deceased family member's healthcare practitioner. Many lawyers refuse to handle either of these kinds of claims because they are afraid of suing large insurance companies and healthcare corporations that are often part of these lawsuits. That doesn't scare Jon, and he has successfully sued some of the largest insurance companies in the country.
While healthcare professionals are only human and certainly make mistakes, they are held to certain standards of care and levels of training. When patients are injured as a direct result of the healthcare professional's failure to follow those standards of care or because they lack training, those mistakes are not O.K.
It is important to know that medical malpractice cases can be lengthy, complex and expensive. Sometimes, despite the fact that your injuries have changed your life, pursuing a lawsuit would only drain your wallet instead of make you whole. Jon will review the facts of your case and help you decide whether filing a lawsuit is worthwhile for you.
If you and Jon determine that a lawsuit should be filed, it will be your burden as the plaintiff (the person bringing the suit) to prove the following:
In Texas, the surviving spouse, children and parents of the deceased may file a wrongful death claim, but surviving siblings are barred from doing so. The act that caused the death may have been reckless, negligent or intentional, as long as it would have allowed the deceased to file a lawsuit had he or she not died.
The primary purpose of damages awarded in wrongful death cases is to compensate the surviving family members for the losses they suffer because of the untimely death of their family member. Some of those losses include: