Can Fatal Medical Equipment Malfunction Cause a Wrongful Death?

 Posted on March 09, 2026 in Car Accidents

Losing a loved one is always painful. When that loss happens because a medical device failed, the grief can be mixed with anger and confusion. You may be wondering who is legally responsible and whether you can get compensation. Under Texas law, a fatal medical equipment malfunction can be the basis for a wrongful death claim in certain situations. Our Dallas wrongful death lawyer can help you understand whether your family has a case.

What Is Wrongful Death Under Texas Law?

Texas law defines wrongful death under the Texas Civil Practice and Remedies Code sec. 71.002. A wrongful death claim may be filed when a person dies because of the wrongful act, neglect, carelessness, or default of another person or company.

In Texas, the following family members may file a wrongful death claim:

• Surviving spouses
• Children, including adult children
• Parents

If none of these family members file within three months of the death, the executor of the deceased person's estate may file the claim (unless all beneficiaries request that they don’t). Texas law gives families two years from the date of death to file. Missing this deadline can mean losing the right to seek compensation entirely.

Can a Medical Device Failure Be the Basis for a Wrongful Death Claim in Texas?

Texas law may hold several parties accountable for a medical device failure. Medical devices include things like pacemakers, ventilators, insulin pumps, surgical instruments, and implants. When these devices fail, the consequences can be fatal.

A fatal device malfunction may result from:

• A design defect that made the device unsafe from the start
• A manufacturing defect that caused one part of the device to fail
• A failure to warn about known risks or proper usage
• Improper use or installation

Because of this, established Texas product liability law says that a manufacturer, distributor, or seller of a defective product can be held responsible for harm that the product causes. This falls under what is called "strict liability."  What you’ll need to prove under strict liability is that defects in the device or the use of the device were responsible for the death.  

Other parties may also share responsibility. A hospital that failed to properly maintain or install a device, or a healthcare provider who used it incorrectly, may also be named in a claim for medical malpractice. Texas law allows multiple parties to be held responsible based on their share of fault.

What Does a Texas Wrongful Death Claim Need to Show?

To bring a successful wrongful death claim in Texas, your family needs to show all of the following:

• Someone owed your loved one a duty of care (in this case, the responsibility to provide a safe device and use it properly)
• That duty was not met
• The failure directly caused your loved one’s death

In a medical device case, this often means gathering records from the hospital or treatment facility, the device's maintenance history, and information about any complaints or recalls connected to that device. The U.S. Food and Drug Administration (FDA) tracks device recalls and safety reports, which can be important evidence.

These cases can involve a lot of moving parts. Acting quickly helps preserve evidence that might otherwise be lost.

What Can Your Family Recover from a Wrongful Death Claim?

If a wrongful death claim is successful, Texas law allows surviving family members to recover compensation for:

• Medical costs related to the injury before death
• Funeral and burial expenses
• Lost income and financial support the deceased would have provided
• Loss of companionship, care, and guidance
• Mental anguish and grief

Texas also allows a related claim called a "survival action." This lets the estate recover compensation for any pain and suffering the deceased experienced before they died.

Call a Dallas County Wrongful Death Lawyer Today

If a medical device failure took someone you love in 2026, our Dallas wrongful death attorney can help you seek compensation. The staff at Jerry D. Andrews, P.C. speaks Spanish fluently, so we are able to offer excellent legal service to the Spanish-speaking community.

Mr. Andrews is board-certified by the Texas Board of Legal Specialization in the area of personal injury trials, and each case is handled on a contingency basis – you pay no fees or costs unless you win. Call Jerry D. Andrews, P.C. at 214-221-5800 today for a free consultation.

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