The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Thursday, February 18, 2010

Medical Malpractice law in Texas

The law has changed in Texas, sometimes to the detriment of the victims of malpractice. This is true in the area of wrongful death. Years ago, a victims family could file a wrongful death or survivor actions for the wrongful actions of a doctor that negligently procured the death of the loved one. Now a days, that is no longer the case.

Texas law changed with proposition number 12, which created section 74 of the civil practice and remedies code. This is a very broad law that pretty much swallows a wrongful death action against any doctor or medical treatment facility for that matter. The law created the infamous "caps" on non-economical damages.

The proponents of the law, falsely accused trial attorneys of filing numerous frivolous law suits which allegedly increased the premiums on doctors, making it impossible for them to practice medicine. With that lie, the public voted for proposition number 12 and the results have been catastrophic.

A victim of a doctor's negligence is only allowed a recovery of $250,000 no matter what the injury was. In other words, lets supposed that you were a prominent entrepreneur, making millions every year, and you had a stomach pain. You go to the doctor and the doctor negligently takes your kidney out, but you only had indigestion. Now you have to be on dialysis for the rest of your life, your sex life is gone and your wife left you. Now you are broke, can't work and are placed on disability by the social security. Your maximum amount of recovery against the doctor is $250,000. And you are expected to live the rest of your life with that.

Let's supposed that you are an avid dancer that loves to take your wife dancing every weekend. You have back pain, and decide to go to the doctor for pain management. A neurosurgeon tells you that you have pinched nerves, but tells you that he can help you with a simple surgery. You decide to go through with the surgery, but the doctor severs a nerve in your spine that leaves you with drop foot. Now, you cannot dance and you are in constant pain. You have to wear a boot for the rest of your life and of course, no more dancing for you or your wife. The doctor gets to continue to make the same mistake to other victims, and your life, as you knew it is over. But wait, you may get $250,000 form the insurance, assuming that you find an attorney that will take your case.

Medical Malpractice law in Texas has become an obstacle for the people who really needs it the most, the injured victims. Because of false information, victims are now facing the harsh reality that, they will never be compensated for he wrongful actions of irresponsible doctors. And by the way, doctors came to Texas by the thousands when the law changed.

We have been helping injured Texans fight for their rights. Let our experts handle your case and take it to a successful recovery for you. We will continue to fight for your rights, and we will continue to try to change the law as we know it for the better of the victims.

Visit our websites: The Baez Law Firm, P.C or San Antonio Lawyer/Attorney or San Antonio Injury Trial Lawyers.


David Brett said...

The laws that govern medical malpractice suits and claims are, as with all other laws, specific to certain trends and local landmark rulings. In essence, Texas medical malpractice laws do not allow individual medical practitioners to be sued for amounts that exceed $250,000. If a health care facility is being sued, the limit to claimable damages is $500,000. These two sums added together are the ceiling for claimable damages as far as medical malpractice in Texas is concerned.However, multiple medical practitioners who have collectively contributed to a plaintiff's condition, lack of recovery or aggravation thereof are individually liable to the tune of the entire amount that the defendant is awarded. Texas laws also have stringent guidelines concerning how information to aid a plaintiff's case is obtained, and the validity of such information. The timeframe for making medical malpractice suits are also very specific in the state of Texas. Considering the relative complexity of medical malpractice laws in Texas, and the fact that they differ significantly from those in some other states, lawyers specializing in this legal genre are in high demand.For more information visit us at:-Medical Negligence Claims.

Anonymous said...

nice to know you, and glad to find such a good artical!.........................

doshimaitri said...

Medical negligence or malpractise occurs when the treatment provided by a health service provider such as a hospital, doctor, dentist, pharmacist, etc. falls below an acceptable standard.Medical treatment is sometimes unsuccessful and injuries can sometimes result but that does not necessarily mean that there has been any negligence. Negligent treatment is that which goes beyond being a simple reasonable mistake or error.A lot of people have the impression that if something goes wrong with a medical procedure, it's easy to sue your doctor for big bucks. But medical malpractice cases are, in fact, extremely tough to win.Hence you must always seek the advice of the expert medical neglience claims proffesional for the further processing of the claim.

The Báez Law Firm, P.C. said...

Thanks for all the kind remarks about the blog.

Duffy said...

Nice blog!
Medical malpractice is often a very painful experience for a person with whom it happened.

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