Carolina Rincon | September 4, 2025 | Wrongful Death
Losing a loved one is devastating under any circumstances. But when their death results from a hospital’s negligence, families often ask: Can you sue a hospital for wrongful death? In Texas, the answer is yes, but only under specific conditions. Hospitals can be held legally responsible when their staff or systems cause a preventable death through negligence, misconduct, or medical error.
Filing a wrongful death lawsuit against a hospital is complex and subject to strict legal requirements. Understanding how these cases work can help grieving families protect their rights and pursue justice for their loss.
When a Hospital Can Be Sued for Wrongful Death
A hospital may be liable for wrongful death if its actions (or the actions of its employees) fall below accepted medical standards and directly result in the patient’s death. This often falls under the category of medical malpractice.
Common grounds for wrongful death lawsuits against hospitals include:
- Surgical errors
- Misdiagnosis or failure to diagnose
- Medication errors
- Failure to monitor a patient’s condition
- Poor infection control or unsanitary conditions
- Inadequate staffing or supervision
- Negligent emergency room care
For a lawsuit to be successful, the plaintiff must prove that the hospital’s negligence caused the death and that the death resulted in measurable harm to surviving family members.
Hospital vs. Individual Liability
In wrongful death cases involving medical care, it’s important to distinguish between hospital liability and the actions of individual providers.
You can typically sue the hospital if:
- The negligent party was an employee of the hospital (such as a nurse, technician, or in-house physician)
- The hospital failed to maintain safe facilities or proper procedures
- Administrative policies contributed to substandard care
However, the hospital may not be directly liable if the negligent provider was an independent contractor (such as an outside surgeon or specialist). In those cases, a separate claim may be necessary against the individual provider.
Who Can File a Wrongful Death Lawsuit in Texas?
Under Texas law, a wrongful death lawsuit can be filed by:
- The surviving spouse
- Children (including adult children)
- Parents of the deceased
If none of these parties file a claim within three months of the death, the personal representative of the estate may file on behalf of the family.
Texas law does not allow siblings, grandparents, or fiancés to file a wrongful death claim, even if they were close to the deceased.
Damages You Can Recover
A successful wrongful death lawsuit may result in compensation for both financial and emotional losses.
These may include:
- Medical expenses prior to death
- Funeral and burial costs
- Lost income and benefits
- Loss of companionship or consortium
- Mental anguish and emotional suffering
In cases of gross negligence or willful misconduct, punitive damages may also be awarded to punish the hospital and deter future misconduct.
Statute of Limitations for Wrongful Death in Texas
Texas imposes a two-year statute of limitations on most wrongful death claims. This means the lawsuit must be filed within two years of the date of death. However, some exceptions may apply, especially if the cause of death was not discovered right away.
Failing to file on time can result in your claim being permanently dismissed. For this reason, it’s important to speak with an attorney as soon as possible to preserve your rights.
Contact the Fort Worth Wrongful Death Lawyers at Stephens Law Firm, PLLC for Help Today
You can sue a hospital for wrongful death in Texas if its negligence or misconduct caused your loved one’s death. These cases require clear evidence, expert testimony, and careful legal strategy.
If you believe a hospital’s actions led to a preventable death, the experienced Fort Worth wrongful death attorneys at Stephens Law Firm, PLLC can explain your options and hold the responsible parties accountable. Contact us today for a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000
