How or what?

The only survivors who can assert a wrongful death claim in Texas are surviving spouses, children and parents.

I am very sorry for your loss. Malpractice is care and treatment that falls below the standard of care and causes injury. Obviously it is not really possible to give a lot of detail here, but what you describe does not appear to be malpractice unless perhaps some decision would have been made that would have changed the outcome. Also, I do not see how what happened can be construed as a civil rights claim to you. I suggest you personally speak with a lawyer from your state since no one here can know all the facts and circumstances and give you a definitive answer. Also, you realize you are in a tea party Republican state which will further hamper your ability to secure any kind of justice.