Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with “willful and wanton” negligence.
In other words, they have to purposefully and knowingly put their patients’ lives in danger.

A San Antonio medical malpractice lawyer, Jon Powell, commented on the “willful and wanton” standard, saying:

You’d have to be a Nazi death camp guard to meet this standard.

The liability caps and impossible standards are making victims of medical malpractice weary as they find that, in Texas, they simply do not have a case.

Medical Malpractice Leads to Amputation

new jersey philadelphia medical malpractice lawyers willful wanton connie spears texasConnie Spears, a 54 year-old woman with a history of blood clots, went the the emergency room at the Christus Santa Rosa Hospital in San Antonio, Texas, complaining of excrutiating leg pain. She was discharged with “bilateral leg pain” and told to follow up with her primary care physician.
Three days later, Connie’s legs were purple. An ambulance took her to another area hospital where doctors determined that a filter that had been installed in her heart years before was severely clotted, which led to tissue death in her legs, as well as kidney failure. Weeks later, Connie awoke to find that both of her legs had been amputated in order to save her life.

Now, she can’t find an attorney who will take her case, because in Texas, she doesn’t have one. Clear negligence exists, yet attorneys no longer have confidence in their judicial system due to the new standards set forth by tort reform. They also argue that this “willful and wanton” standard for medical malpractice allows for a serious decline in the standard of care provided to patients in Texas, and could allow Texas ER’s to become the most dangerous in the country.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort Reform has significantly and severely damaged a medical malpractice victim’s chance at justice in Texas. Connie Spears will live the rest of her life without her legs due to a careless misdiagnosis, yet because of the standards Texas tort reform has put forward, she may never be able to gain the compensation she needs and is entitled to.

Medical malpractice affects many patients in the US, and victims should know that when doctors act negligently, they are liable for damages. If you or a loved one have suffered at the hands of a negligent and/or careless doctor, contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let our team earn you the full and fair compensation that you need and deserve.

Comments

  1. Cilla Mitchell, Galveston Texas says:

    Tort Reform is a legal murder weapon used against citizens.

    Laws passed preventing citizens from getting accountability, are criminal laws because they protect the incompetent.

    Link provided is an example of how the Tort Reform works against citizens.

    http://www.youtube.com/watch?v=JT7rxa21_Xo

    or just Google Cleveland Mark Mitchell, and click on youtube.

    Thank you,

    Cilla Mitchell

    A Texas nurse and vet.

    A link was sent to everyone mentioned in the video including the doctor who dropped the ball.If this video was not credible, i would be in court for slander. Also sent a link to every state agency involved. Silence is the response I received from all of them.

  2. Anna Mae Rooks says:

    My son died due to the gross negligenct of two doctors. They ignored his previous problems with IV sedation, failed to diagnose right-sided heart failure, performed a totally unnecessary endoscopy which sent him into cardiopulmonary arrest and cardiogenic shock due to an overdose of versed/demerol. They then proceeded to falsify medical records in an attempt to cover their actions.

    I am not seeking monetary damages. I want those bastards in jail for criminally negligent homicide or manslaughter. If you or a loved one suffers permanent disability or death, get the medical records and
    find out EXACTLY what happened. Then, instead of contacting a med/mal attorney (who won’t take your case anyway), contact the district attorney or your local police department and try to file criminal charges.
    It is a crime that just because doctors have an “M.D.” after their name, they are never held accountable for the death and destruction their negligent actions cause. The Texas Medical Board keeps letting these incompetent, inept, killer doctors practice at will. Victims have no recourse. I say start filing criminal charges and DEMAND that law enforcement INVESTIGATE!

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