Accountability in Tragedy: Navigating Wrongful Death Actions for Justice

You can receive compensation and deter the medical professionals and health care facility from repeating the mistake by filing a wrongful death action. The compassionate and dedicated wrongful death attorney at the Law Offices of Glenn W. Cunningham is here to help you every step of the way to hold the negligent health care professionals accountable.

What is a Medical Wrongful Death Claim under Texas Law?

Medical professionals are human, and errors can happen. Texas statutes make it unacceptable, however, if a doctor, hospital, or health care provider fails to comply with the standard of care, which results in injuries or death. The standard of care is defined simply as that which an ordinarily prudent doctor, hospital, and/or health care provider would do under the same or similar circumstances.

Under Texas Civil Practices & Remedies Code Chapter 71, a wrongful medical death is defined as an occurrence that causes a person's death due to a wrongful act, neglect, carelessness, or unskillfulness on the part of another party. In health care liability claims, survivors of the deceased must file suit within 2 years of the negligent act or occurrence that resulted in death – which may be shorter than 2 years from the date of death.

Who Can File a Medical Malpractice Wrongful Death Claim?

Texas law permits the following family members of the decedent, called wrongful death beneficiaries, to file a wrongful death claim:

  • Spouse of the deceased
  • Children of the deceased
  • Parents of the deceased

In Texas, grandparents, siblings, uncles, aunts, and distant relatives cannot file a wrongful death case.

If you or a loved one need a wrongful death lawyer in San Antonio, please do not hesitate to contact us.

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Proving Negligence in Wrongful Death Lawsuits

Negligence is the primary cause of action in a successful medical malpractice wrongful death lawsuit. To prove negligence, the plaintiff (surviving wrongful death beneficiaries) must show that the health care professional violated the standard of care, and that this breach was the proximate cause of the decedent’s death. Here are the four elements that your wrongful death attorney will have to prove:

  • Legal duty: The health care professional owed a legal duty to your loved one
  • Breach: The health care professional breached that legal duty by violating the standard of care
  • Proximate Cause: The violation of the standard of care was the proximate cause of your loved one’s death
  • Damages: You have experienced mental anguish and a loss of companionship and society as a result of your loved one’s death

Recoverable Damages Through a Wrongful Death Lawsuit

The following damages may be awarded following a Texas wrongful death and survival lawsuit:

  • Medical expenses (related to the condition that caused the death)
  • Funeral expenses
  • Lost maintenance, support, and care (including loss of wages had the victim survived)
  • Loss of comfort, love, and companionship
  • Lost inheritance (the amount the deceased would have accumulated to leave behind for the family members in the event of a natural death)

In rare cases, the plaintiff may also win punitive damages. These are exemplary damages designed to punish the negligent party and are available in cases where the death is caused by an intentional act or gross negligence. Glenn W. Cunningham is a highly experienced wrongful death attorney in San Antonio who will handle all aspects of your case and ensure you and your loved ones receive the appropriate compensation. 

Wrongful Death Damages Cap in Texas

Texas has a monetary cap on how much money a plaintiff can recover in a medical malpractice wrongful death lawsuit. Texas Civil Practice & Remedies Code §74.303 states that “in a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for all damages [economic and non-economic], including exemplary damages, shall be limited to an amount not to exceed $500,000,” as of August 1977. That sum, however, has been increasing (or decreasing) each month since August 1977 concerning the Consumer Price Index (CPI). 

As of December 2022, the medical malpractice wrongful death cap has increased from $500,000 in 1977 to $2,366,268. 

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Get Strong and Empathetic Legal Representation to Fight for Your Loved One’s Rights

In your darkest hour, the capable and highly knowledgeable San Antonio medical malpractice lawyer at the Law Offices of Glenn W. Cunningham is here to help you seek justice for your loved one. Glenn W. Cunningham is dedicated to obtaining the financial compensation and accountability you and your family members deserve for suffering unbearable emotional turmoil. 

We purposefully keep our docket small so that every client gets individual attention, diligent representation and, above all, a strong pursuit of justice. If you lost a loved one to the medical negligence of a health care professional, we urge you to schedule a free and confidential case review today. Call our office today, or fill out this online contact form.

Client Testimonials

I can’t say enough good things about Glenn Cunningham and his firm.

He took my case and fought for me from day one. Glenn and his staff were professional and caring. They kept me updated on all aspects of my case. We were able to go to mediation and reach a settlement that was more than fair. I would recommend Glenn to any of my friends and family. I am beyond pleased with how my case was handled and ultimately settled.


Glenn Cunningham is tough, smart, experienced.

A very deep heartfelt thank you to the whole team at the Law Offices of Glenn W. Cunningham. Glenn is tough, smart, experienced, and he will do everything in his power to make sure that you or your loved one get the best outcome possible from whatever personal tragedy you may be facing. He fought for me when no one else would. He will do the same for you.


I am grateful to Glenn Cunningham for the hard work he did

I am very pleased with the legal services provided by Glenn Cunningham. He is very competent, knowledgeable, caring, personable, and professional. If you are seeking justice for medical malpractice or wrongful death, Glenn will fight for you. He is tenacious and assertive on behalf of his clients. He also keeps you informed of the status of your case on a regular basis.


Glenn Cunningham knows his job well.

Glenn was amazing! Very knowledgeable, and Nicole, his secretary, is very helpful and knowledgeable as well. We never had a problem reaching someone at the office, and our questions were always answered promptly.


This is by far the best attorney for your malpractice case.

I wanted to thank Mr. Cunningham and his staff for there amazing work and dedication to my case and fighting for me when I couldn't. They truly were amazing and always kept my family and I updated on everything that was happening.

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Let's hold health care professionals accountable when their neglect severely injures or kills a loved one.

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