Wrongful Death Lawyer in San Antonio

The sudden death of a loved one is a tragic loss—even more devastating when the death was the result of an act of negligence by a medical professional.

Woman standing over casket putting flower on it

San Antonio Wrongful Death Attorney: Justice for Families

Families in Texas who have lost a loved one through medical malpractice are entitled to pursue a wrongful death claim to seek justice and hold responsible parties accountable. Our San Antonio wrongful death attorney is committed to helping families navigate the legal process to obtain the compensation they deserve.

What Is Wrongful Death?

A wrongful death is one that was caused by wrongful action, which includes carelessness, negligence, intentional action, and criminal conduct. In the context of medical malpractice, wrongful death can be caused by any of the following medical errors:

Misdiagnosis or delayed diagnosis: When a healthcare provider fails to diagnose a serious medical condition correctly, or when diagnosis is delayed, the patient may not receive the necessary treatments in time. This can have fatal consequences.
Failure to treat: When a healthcare provider neglects to treat a medical condition in a timely manner or fails to meet the appropriate standard of care, the patient’s condition can worsen, leading to fatal outcomes.
Medication errors: When medical professionals administer the wrong medications or incorrect dosages or fail to account for drug interactions, patients may die as a result.
Surgical errors: Operating on the wrong body part, leaving surgical instruments inside the body, causing excessive bleeding, and other surgical mistakes can result in patient death.
Anesthesia errors: Incorrectly administering or monitoring anesthesia can lead to severe complications, including brain damage and death.
Birth injuries: Medical negligence during childbirth, including oxygen deprivation and untreated infections, can cause fatal injuries to the mother or newborn.

Who Can File a Wrongful Death Claim in Texas?

A wrongful death civil action is for the exclusive benefit of the surviving spouse, children, and parents of the deceased, as stated in the Texas Civil Practice and Remedies Code, Chapter 71. Any of these family members, individually or collectively, may file a wrongful death lawsuit for the benefit of all. If they have not filed suit within three calendar months of the death, the executor or administrator of the estate of the deceased may file and prosecute a lawsuit unless asked not to do so by the individuals who would benefit from the claim.

What Damages Are Available in a Wrongful Death Claim?

Damages for wrongful death may be classified in the following categories:

Economic damages: These are readily identifiable and calculable monetary damages. In a wrongful death claim, economic damages may include costs of medical treatment for the deceased, funeral expenses, loss of future earnings, loss of retirement benefits, and loss of inheritance.
Non-economic damages: These losses are subjective and do not have a readily identifiable dollar value. Because they are challenging to measure, non-economic damages are often contentious issues in civil claims. Examples include physical pain and suffering of the deceased before death; mental and emotional anguish of surviving family members; loss of companionship, guidance, and care; and loss of consortium.
Punitive damages: In a minority of cases in which the defendant’s conduct was particularly reckless or egregious, Texas law provides for exemplary or punitive damages. These damages are not intended as compensation but rather to punish the defendant and deter similar actions in the future.

Why Choose Us for Medical Malpractice Wrongful Death?

At Scheuerman Law Firm in San Antonio, we have extensive experience handling complex medical malpractice and wrongful death cases. We communicate directly with our clients and provide personal attention and compassionate, skillful representation with intelligent, well-crafted legal strategies.

Attorney S. Tyler Scheuerman is a board-certified personal injury attorney with a background in defending doctors and hospitals. This gives our firm a unique advantage in prosecuting medical malpractice. Contact us if you are dealing with the wrongful death of a loved one caused by a negligent healthcare provider.