Proving Medical Causation in a Texas Wrongful Death Case

Medical records and the cause of death.

Autopsy records prior conditions and conscious suffering

Cause of death can be the main fight even when everyone agrees an accident happened. The claim may need proof that trauma caused immediate death, led to a fatal complication, made a disease worse, or combined with another cause.

Build the clinical chronology before selecting a conclusion

• Collect the emergency, hospital, imaging, lab, medication and postmortem records, and check where each time entry came from.
• Ask whether the death certificate is final or amended, and what the medical examiner reviewed.

Distinguish the fatal mechanism from the legal theory

• Cases to know: JLG Trucking LLC v. Garza, 466 S.W.3d 157 (Tex. 2015), and Guevara v. Ferrer, 247 S.W.3d 662 (Tex. 2007). For expert reliability, E.I. du Pont de Nemours and Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995), and Gammill v. Jack Williams Chevrolet Inc., 972 S.W.2d 713 (Tex. 1998). A challenge to a provider's conduct falls under chapter 74.

Establish awareness for survival damages

• Conscious suffering needs its own record: purposeful movement, speech, neurological assessments, sedation and witness observations.
• A person can be aware in one interval and unaware in another. Don't describe the whole period as continuous awareness unless the evidence supports it, and don't invent a period of suffering.

Discuss the work your family claim requires

This work helps the firm decide what to preserve now and what the family should decide first.

Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. His trial history is on the firm's published background page, and reported recoveries are on its case results page. Compare them with what your own case needs. Results differ because facts, proof, law and insurance differ.

To talk with the firm, request a free consultation with The Law Firm of Aaron A. Herbert PC or call 214 200 4878. Mention the incident and death dates, any deadline coming up, and whether anyone has offered a release or is about to repair or dispose of evidence. Ask who would handle your matter and how fees and expenses work.

Attorneys and referral partners can use the same contact information. Confirm the firm has accepted the matter before handing off responsibility. See also the Texas Wrongful Death Knowledge Hub and Texas Wrongful Death Claims and Litigation Strategy.

Families who need grief programs, funeral and survivor benefit help, or a needs assessment can use our Wrongful Death and Family Support Center.

Legal sources

Texas Civil Practice and Remedies Code chapter 71 sections 71.002 through 71.011 and 71.021.

Texas Civil Practice and Remedies Code chapter 74.

JLG Trucking LLC v Garza 466 SW3d 157 Tex 2015 discussing Guevara v Ferrer 247 SW3d 662 Tex 2007.

E I du Pont de Nemours and Co v Robinson 923 SW2d 549 Tex 1995 and Gammill v Jack Williams Chevrolet Inc 972 SW2d 713 Tex 1998 original opinion locator.

Texas Rules of Civil Procedure current official edition.

Texas Rules of Evidence and Appellate Procedure current official index.

Texas Disciplinary Rules of Professional Conduct.

This is general information about Texas law, not advice on your case. The facts, the law, the policy and any court orders decide each matter, and the examples here are hypothetical.