Yes. In Texas, you can sue a hospital for wrongful death in McAllen when its negligence, or the negligence of its staff, causes a patient’s death. However, strict deadlines and filing rules apply.
What Counts as Wrongful Death Under Texas Law?
Under Texas law, a wrongful death occurs when one person’s injury leads to their death, and that injury was caused by another party’s wrongful act, neglect, carelessness, or default. If the deceased could have filed a personal injury claim had they survived, their surviving family may pursue a wrongful death claim in their place.
When Can a Hospital Be Held Liable for Wrongful Death?
Hospitals and healthcare providers in Texas are required to uphold a certain standard of care. The standard of care is the level of treatment a reasonably careful provider would have given under similar circumstances. Medical malpractice happens when a provider falls short of that standard, and the patient is harmed as a result.
Medical malpractice can take several forms:
- A physician overlooking or misdiagnosing a serious condition
- A medication or dosing error by nursing or pharmacy staff
- An infection caused by a lapse in safety protocols
- Hiring or retaining a provider who was unqualified or unfit to practice
- A botched surgical procedure
- A failure to monitor a patient or respond to warning signs
A hospital can be at fault for medical malpractice in two ways. First, the facility may be liable when its own conduct harms a patient, such as inadequate staffing, poor sanitation practices, faulty equipment, or a failure to properly vet and supervise the people it employs. Second, the hospital may be liable through vicarious liability, which holds the facility responsible for the negligence of employees acting within the scope of their employment.
Who Can File a Wrongful Death Claim in Texas?
Texas limits who may file a wrongful death claim to the deceased person’s spouse, children, and parents. If none of those family members files within three months of the date of death, the personal representative of the estate may file instead, unless the family specifically asks that no lawsuit be brought.
The Statute of Limitations and Pre-Filing Requirements
In Texas, a wrongful death lawsuit must generally be filed within two years of the date of death. Miss that window, and the court will likely dismiss the case regardless of its strength.
When the death stems from medical malpractice, additional steps apply before and after filing. You must send each provider written notice at least 60 days before filing, and once the lawsuit is underway, you must serve a report from a qualified physician within 120 days of each defendant’s response. That report must detail the standard of care, how it was breached, and how the breach caused the death.
Speak with a Texas Wrongful Death Attorney Today
Few legal matters are as demanding as a hospital wrongful death claim, where tight deadlines, pre-suit notices, and detailed medical proof leave little room for error. In these situations, trust De La Garza Law Firm to preserve the evidence and meet every deadline your case depends on. If you believe a hospital’s negligence took the life of someone you love, contact us today for a free case review.
