Texas Tort Law: Report Notes Objective Failures

Posted By The Carlson Law Firm || 25-Oct-2011

The 2003 Texas law that created limitations on the amount of damages that can be recovered inTexas malpractice suits did not attract as many new doctors to Texas as previously hoped, a newly released report said.

Public Citizen published the 24-page report, titled, “A Failed Experiment.” The report claims that instead of bringing additional doctors to Texas, the law that limits damage awards has not increased the number as significantly as officials had suggested. Instead, those opposing the law, say that it only benefits insurance companies and doctors, not consumers using their services.
Supporters of the Texas law, on the other hand, believe that before the enactment of the law, doctors were rushing to leave the state because of high malpractice costs. The Public Citizen report shows the growth of practicing doctors in Texas has decreased from more than 9 percent in 1996 to a mere 4.2 percent in 2010. The growth that continues to occur, despite its slowing rate, is attributed, by the report ,to population growth rather than the reform of Texas tort.

Texas Tort Law

Despite changes in Texas tort laws that limit the amount of damages injured parties can recover, hospital injuries continue to take place among patients in Texas doctor’s offices and hospitals statewide, while doctors, providers and insurance companies experience greater protection from the Texas tort law. Some of the malpractice errors that take place within our health care industry include:

  • Birth injury
  • Emergency room errors
  • Medication errors, like overdose or under prescribing
  • Errors performed by nurses
  • Surgical errors
  • Mistaken Anesthesiology
  • Improper diagnoses of cancers, including breast cancer, prostate cancer, lung cancer and skin cancer
  • Substandard VA hospital care

If health care providers are making genuine mistakes that affect the everyday lives and health of patients and consumers in Texas, should they be protected from paying the malpractice costs that accompany? Does the mere thought of malpractice suits drive away Texas doctors? Or do experienced, quality physicians, nurses and health care providers have nothing to fear?

Texas Medical Malpractice Attorneys

If you or someone you love has endured serious injury or death because of negligent or damaging care received by a doctor, nurse or hospital, call our medical malpractice attorneys in Austin, San Antonio, Killeen and statewide Texas,contact us online of visit one of the 11 locations for our medical malpractice law firm in Texas for a free consultation today. We care. We can help.


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