Legal Question in Personal Injury in Texas

A doctor's gross negligence caused my son's death. Can I file a wrongful death lawsuit with survuval action on a case like this?

Asked on 9/12/10, 2:03 pm

4 Answers from Attorneys

Roger Merrill Merrill & Associates

Yes. Medical malpractice cases, however, involve complex procedural issues. If not done properly, a plaintiff could end up paying substantial fees on top of losing the case. So, you need to hire an attorney. I handle cases throughout Texas. Please let me know if I can help.

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Answered on 9/17/10, 3:16 pm
Parker Polan Briggle & Polan, PLLC

Yes. You can file a wrongful death suit. You have two years from the date of death to bring a claim. I'd be happy to speak with you about this. 512-751-0680

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Answered on 9/17/10, 4:52 pm
David Leon David L. Leon, P.C.

There are two sets of things going on here. THe first is the wrongful death case. That is a cause of action owned by the parents, children and spouse of the deceased. The second one is called 'survival' is available to the estate (and the heirs of the estate). Wrongful death is for your personal loss, and survival is for the pain and suffering the deceased suffered pre-death. As others have mentioned, these are highly complex cases, and the Texas legislature has put up incredible hurdles to plaintiffs seeking to pursue these cases. Make sure you hire someone who knows what they are doing.

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Answered on 9/17/10, 6:13 pm
Edgardo Baez The Baez Law Firm, P.C.

I would answer the same, yes. Do you have all the medical records? If so, you can contact us, we can help.

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Answered on 9/20/10, 7:31 am

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