As a Fort Worth Medical Malpractice attorney I am providing this Texas medical malpractice update.
Texas lawmakers passed legislative changes in 2003, which made it more difficult for patients to be awarded damages in any health care medical malpractice setting.
The tort reform state lawmakers passed in 2003, the toughest in the country, capped medical liability for non economic damages at $250,000 per health care provider, with a maximum award of $750,000.
This is particularly true in emergency rooms medical malpractice claims, where plaintiffs must prove doctors acted with “willful and wanton” negligence. This standard means that they not only put the patient in extreme risk but knew they were doing it. Plaintiffs must prove that ER doctors acted with conscious indifference, or gross negligence, rather than simple negligence.
Tort reform advocates say the law is needed to protect ER doctors operating in volatile environments.
Medical malpractice attorneys argue the threshold is nearly impossible to cross, the “willful and wanton” rule means ER care in Texas is some of the most dangerous in the country, because no one can be held accountable for failure to diagnose, failure to treat or wrong care.
Unfortunately Texans are unaware that their Legislature has mandated a very low standard of care — almost no care, and heaven forbid they or a loved one gets injured by the negligence of an ER doctor, then they find out, the hard way, that they have no legal recourse.
Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas toll free at 214-390-3189. If you or a loved one has been injured from a truck accident, car crash or bus accident, please fill out our contact card for a free consultation.