Austin, TX (Law Firm Newswire) May 14, 2019 – In this case, a doctor allegedly approved a prescription without doing lab work first.
The deceased’s husband filed a wrongful death lawsuit against his wife’s doctor alleging that he negligently authorized the use of a prescription without doing any lab work first. According to the lawsuit, “another” physician prescribed the man’s wife a shot of Depo-Provera for conception control.
The deceased was, at the time of her death, also under the care of another doctor for anticoagulant therapy. She had reached out to that second doctor asking if getting the Depo-Provera shot was safe. The doctor apparently stated it was safe, but did not do any additional blood work to determine if that was the case or not. The woman died in June 2015 as a result of a pulmonary embolism.
“The relevant statute in Texas for filing a wrongful death action is Texas Civil Practices and Remedies Code section 71.001,” explained Austin wrongful death lawyer, Brooks Schuelke, not involved in this case.
The Lone Star State allows the parents, spouse and children of a deceased to file a wrongful death action either individually or as a group.
Who may file a wrongful death claim in Texas?
The individuals who may file a wrongful death claim in Texas include:
* Spouse of a deceased
* Adult children filing in the death of a parent
* Adopted children filing for the death of an adoptive parent
* Parents filing for the loss of a child
* Adoptive parents may file an action for the loss of an adopted child
* Surviving siblings may “not” file a claim for the loss of a sister or brother, whether adopted or biological
Damages that may be awarded in a wrongful death claim in Texas include, but are not limited to:
- Lost inheritance
- Mental, emotional pain and suffering
- Lost earning capacity
- Lost care, support, advice, counsel, services the deceased provided
- Lost companionship, comfort, love
- Exemplary damages (in some cases)*
Exemplary damages, aka punitive damages, may be awarded if a wrongful death was caused by a willful act/omission, or by gross negligence.
“Wrongful death damages are distributed to surviving family members in proportion to the injury suffered as a result of the death of their loved one. The court usually figures out the amounts that would go to each person filing,” said Schuelke.
Schuelke Law PLLC
3011 N. Lamar Blvd
Austin, TX 78705
Call (512) 476-4944