Texas News

Texas caps making it difficult to find representation for legitimate claims

In 2003, Texas voters approved Proposition 12, limiting the award for non-economic damages in medical malpractice lawsuits to $250,000. According to the executive director of advocate group Texas Watch, the proposition has failed to improve access to care and has only lowered insurance rates for some doctors while hurting those victims of medical malpractice even further.

Texas medical malpractice lawyers claim legitimate medical malpractice claims against doctors are being turned away because of the new reform. M edical malpractice suits requiring expert medical witnesses are among the most expensive cases and cost nearly as much as the cap allows. Therefore, taking a case can mean attorneys risk losing money.

One Texas man is finding out firsthand the difficulties Texas medical malpractice reform has created. His wife underwent routine surgery to open a blocked artery in her leg . Within hours she had suffered a stroke and heart attack then fell into a coma which she never woke up from. The man claims a nurse ignored his daughter's plea for help when she noticed her mother's heart rate slowing , and other heath workers ignored her circulation problems and bed sores and treated her poorly. The woman had suffered from diabetes and struggled with her blood sugar. After four months involving two hospitals, one nursing home and dozens of health workers, the woman died.

Now, after deciding he may have legitimate claims against doctors for his wife's death, the surviving husband has been unable to find a Texas medical malpractice attorney to take his case because attorneys have said limits make it impossible for both him and the attorney to be paid. The man has said he is only interested in making the health workers realize the pain he has had to endure and wants to sue not to make money but for his hurt and pain to be acknowledged.


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