How to pursue wrongful death and malpractice case for brother's heart attack in Texas?

Question

I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high risk, citing he had a better chance on medication, the procedure was later performed by a different doctor promising prolonged life. Unfortunately, he experienced a massive heart attack and passed away on August 2, 2024. The autopsy confirmed the cause as a heart attack. How can I pursue a wrongful death and medical malpractice case against the doctors and/or hospitals involved?

Robert Ammons · Answer

I'm truly sorry for the loss of your brother. You deserve to understand whether medical decisions may have contributed to his passing and what legal options exist. 
 
Your situation involves potential wrongful death and medical negligence claims, which require showing healthcare providers deviated from standard care, potentially contributing to your brother's death. 
 
Key Considerations: 
 
1. Potential Medical Negligence Factors 
• Different treatment approaches between doctors regarding stent placement 
• Questions about risk communication and informed consent 
• Post-procedure care quality 
 
Medical negligence evaluation requires expert review by qualified medical professionals examining all records. 
 
2. Texas Wrongful Death Claims 
 
• Eligible parties: spouses, children, parents (estate representative in some circumstances) 
• Potential compensation: medical expenses, funeral costs, loss of companionship, mental anguish, and in certain cases, additional damages 
 
3. Legal Process Overview 
 
• Time limitations apply (specific to your situation) 
• Pre-filing notification requirements 
• Expert opinion requirements within specific timeframes 
 
Recommended Next Steps: 
1. Obtain complete medical records 
2. Seek professional record review 
3. Consult with an experienced attorney 
 
Exploring legal options may help address your questions and provide clarity on potential next steps. Our firm is available to discuss your specific situation. 
 
Again, I'm very sorry for your loss during this difficult time. 
 
DISCLAIMER: This is general information, not legal advice. Each case is unique. Consult an attorney for specific guidance.

John Michael Frick · Answer

You do not have standing to pursue such a claim unless you are appointed as the personal representative of your deceased brother's estate and your brother was single and childless and your parents did not outlive your brother. 
 
Assuming you get appointed as the PR, you will need to take all of your brother's medical records from that last illness to another surgeon for careful analysis to determine whether the doctor who performed the surgery committed negligence. 
 
You will have a very tough case.  Another doctor obviously recommended against the procedure, explaining the risk.  Your brother obviously consented to the second doctor performing the procedure.  It is likely his death was the result of the very risks the first doctor warned about--which would not support a medical malpractice case.  That being said, without another doctor carefully reviewing the medical records concerning the procedure, it is impossible to know whether the surgeon made a negligent mistake.

Q: How to pursue wrongful death and malpractice case for brother's heart attack in Texas?