Man died at John Peter Smith hospital pharmacy

A man died earlier this week in the pharmacy of John Peter Smith hospital in Fort Worth.  Witnesses report that the man was discovered slumped over in a chair.  Help was called, but medical personnel did not arrive for at least ten minutes.  When help did arrive, a non-functional defibrillator was first used on the victim but apparently it was not charged up.  Emergency responders then tried to use a second defibrillator, which also did not work.  Medical workers then tried CPR and took the man away from the pharmacy for further treatment.  Their attempts to revive the man were unsuccessful.

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights.  Call Fears | Nachawati today to discuss your potential case.  1.866.705.7584. 

Punitive damages in wrongful death cases

Texas is among a limited number of states that allows for punitive damages in wrongful death cases. Punitive damages are essentially a means of punishing the defendant. In order to collect punitive damages in a Texas wrongful death case, the defendant’s behavior must have been either intentional, malicious or reckless.

Punitive damages are sometimes also referred to as exemplary damages. This is because punitive damages can serve as a way to warn others against engaging in reckless acts.

Factors that go into determining how much the plaintiff will receive in punitive damages include the defendant’s personal wealth, the nature of the defendant’s conduct and any statutory limits that have been placed on the amount of punitive damages that can be awarded. Punitive damages are awarded at the discretion of the jury.

Punitive damages are different from compensatory damages. Compensatory damages compensate the victim’s family for the specific losses they have suffered due to the victim’s death. These can include loss of companionship and loss of income.

Texas law outlines the specific circumstances under which punitive damages can be awarded. The two elements that must be present were laid out by the Texas Supreme Court in 1998. They are:

·         The defendant undertook actions which involved an extreme degree of risk in terms of the likelihood and extent of a serious injury that could be inflicted on another person.

·         The defendant must have had an actual, subjective awareness of the risk involved with their actions but knowingly proceeded with the actions anyway.

Fears | Nachawati represents individuals in bringing wrongful death lawsuits in Texas. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.