Unfortunately, Texas personal injury cases can take years to resolve, in some instances, and plaintiffs may not live to see the final disposition of their case. This can implicate a number of procedural rules and requirements in order to ensure that the right type of case is being brought and the proper damages are being sought. In a recent case before the Texas Supreme Court, the court explained why an award for future medical expenses should stand, although the plaintiff had died by the time the case reached the court.
The plaintiff was 37 weeks pregnant and receiving prenatal care from an ob/gyn when she came to the hospital with severe abdominal pain. She had seen her ob/gyn that morning for a routine visit and everything appeared normal. When she went to the hospital, the doctors discovered that the fetus had died due to placental abruption, and that the woman had developed disseminated intravascular coagulation (DIC), a blood-clotting disorder.
The doctors ordered a blood-product replacement plan to counter her DIC. They decided that vaginal delivery was necessary and hoped that the DIC would correct itself after delivery.