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Articles Posted in Wrongful Death

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Wrongful Death Arising Out of Texas Medical Malpractice

The Texas Court of Appeals recently considered a wrongful death claim allegedly arising out of medical malpractice. The plaintiff had filed a survival and wrongful death lawsuit against a hospital, claiming it was negligent and grossly negligent in treating the plaintiff in 2014. The hospital answered, denying all of the…

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When Is a Certificate of Merit Required in a Wrongful Death Claim Against a Texas Engineering Firm?

In Jacobs Engineering Group, Inc. v. Elsey, two engineering companies appealed the trial court’s denial of a motion to dismiss the plaintiffs’ wrongful death lawsuit. Their argument was that the plaintiffs had failed to file a certificate of merit as required by section 150.002 of the Texas Civil Practices and…

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Causation and Expert Reports in a Texas Medical Malpractice Lawsuit

In JSC Lake Highlands Operations, LP v. Miller, a Texas appellate court considered causation in a wrongful death case. The case arose when a woman was discharged from the hospital and admitted to JSC (the defendant’s facility) for rehabilitation. The following month, she received a phone call from her daughter,…

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