Our personal injury attorneys want to call attention to a recent decision by the Supreme Court of Texas that presented a good news-bad news scenario for a plaintiff who alleged her husband died because of postmortem medical malpractice. While the court’s ruling in the case might well open the door to medical malpractice claims for errors or omissions that occur after a patient has died within the state, the plaintiff in the wrongful death action ended up having her case barred by the statute of limitations.
In other words, our Florida medical malpractice attorneys note that the court’s analysis was potentially beneficial to future plaintiffs, but the widow, in this case, might receive nothing for the harm suffered by her husband.
In the case of Christus Health v. Carswell, the husband of the plaintiff was admitted to the defendant hospital with complaints of severe pain. A doctor at the facility initially prescribed narcotics, but they were discontinued when the patient experienced an adverse reaction. However, a subsequent medical provider re-initiated the narcotics after the patients again complained of intense pain. The patient died a short time later. Continue reading →