Medical Malpractice Tort Reform in Texas

02 Feb Medical Malpractice Tort Reform in Texas

Thanks to tort reform passed back in 2003, it is extremely difficult for loved ones of individuals who have died in the hands of negligent medical practitioners to sue and recover adequate compensation.

As of September 2003, the amount one could recover in a medical malpractice lawsuit, as far as noneconomic damages were concerned, was capped at an arbitrary amount of $250,000. Why? Voters were told this tort reform would help stop frivilous lawsuits. In reality, it does nothing to protect against merritless lawsuits, and instead only hurts the victims who were most-seriously injured or killed. If you or your family member have been a victim of injury, consult an expert in economic damage analysis to determine reasonable damages.

Does a cap on damages prevent lawsuits? No; it prevents the insurance company from having to pay victims more than $250,000.

Additionally, ER doctors were provided a ridiculous amount of protection against lawsuits. For a normal medical malpractice lawsuit, you must prove that the doctor or medical professional’s treatment fell below the accepted standard of practice in the medical community, and that negligence caused your injury. After the 2003 tort reform measures were passed, the plaintiff (victim) must show that the medical professional acted in a “willful and wanton” manner to put the patient at risk. This basically means that one has to prove that the doctor treating the patient was purposefully negligent with regard to the amount of risk he or she put the patient in.

New England Journal of Medicine Research on Tort Reform

While tort reform proponants claim that this tort reform will keep doctors in Texas and lower the cost of medical care, The New England Journal of Medicine recently came out with scathing research showing that this just isn’t true. The research showed that these measures did NOT reduce health spending. On top of that, research led by David A. Hyman of the University of  Illinois School of Law and Charles Silver from the University of Texas at Austin School of Law showed that tort reform touching on medical malpractice law failed to keep doctors from leaving the State of Texas, and that hasn’t improved.

Lawsuits Are More Difficult, But Not Impossible

At Rasansky Law Firm, we believe that everyone has a right to fair representation. Despite the prohibitive nature of these reforms, we’ve been able to advocate on behalf of numerous individuals who have come to us for assistance with a potential medical malpractice lawsuit. Please call us today at 1-877-659-1620 or fill in the email form to the left so we can see how best to help you get the compensation you need and deserve. Thanks, and we look forward to speaking with you.