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What if the Wrongful Death was Caused by the Responsible Party's Medical Condition?

What if the Wrongful Death was Caused by the Responsible Party's Medical Condition

Overview

Texas personal injury and wrongful death laws permit you the ability to recover damages if you suffer damages or injuries as the result of the negligence of another person or if a family member is killed because of such negligence. In simple terms, negligence involves a person failing to exercise an appropriate or reasonable level of care (or standard of care) in doing something or failing to do something.

An issue arises as to whether a person can be held responsible for an injury or wrongful death caused because of something he or she did because of a health or medical condition from which they suffer.

Knowledge of Medical Condition

One element that is considered in the case of a person with a medical condition injuring another is knowledge of that condition. In other words, a consideration is made as to whether or not a person was aware that he or she was afflicted with a particular medical condition that could harm another.

HIV represents a prime example of this type of situation. If a person knows, or reasonable should have known, that he or she is infected with HIV, and nonetheless engages in unprotected sex with another individual and does not notify them of the infection, liability may exist. If the unknowing person contracts HIV, that individual may be in the position to take legal action against the individual infected with HIV.

Reckless Conduct

If a person is aware he or she has a medical condition that might threaten the welfare of another, he or she raises the possibility of liability by not modifying his or her conduct of behavior. For example, if a person has been diagnosed with epilepsy and drives a car, knowing of the danger, anyone injured in an accident with that individual is in a position to pursue a claim for damages.

Legal Representation

If you have a family member that has been killed as the result of the conduct of someone with a medical condition, you best protect your legal interests by engaging the services of an experienced, skilled Texas wrongful death attorney. You should retain the services of such counsel with all deliberate speed. In these types of cases, you must meet specific deadlines, including what is known as the statute of limitations, to ensure you fully protect your rights and interests.



 

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