JUSTICE LACKING FOR VICTIMS OF MALPRACTICE IN TEXAS

The current state of the laws in Texas relating to medical malpractice makes it difficult for victims to obtain justice.  The Dallas Morning News recently reported a heartbreaking story about a husband who recently lost his wife due to alleged medical malpractice.  The husband and wife had been anxiously awaiting the birth of their daughter when the wife began experiencing vomiting and excruciating headaches.  The wife’s doctors (she had two) trivialized her symptoms and recommended heating pads and Tylenol.  Soon after, a blood vessel in wife’s head ruptured, which rendered wife brain-dead.

Wife was kept alive on life-support long enough for doctors to deliver her baby.  After the baby was delivered, wife was taken off life-support, and she died.

Husband filed a lawsuit against the wife’s doctors alleging medical malpractice.  Due to the legislative and constitutional changes to the Texas medical malpractice laws in 2003 (which cap non-economic medical malpractice damages at $250,000), health-care providers in Texas generally carry very little medical malpractice insurance.  Texas has no legal requirement that physicians carry medical malpractice insurance. Wife’s doctors only maintained $100,000 each in medical malpractice coverage.  The medical malpractice case was settled against wife’s doctors for $200,000.  A paltry sum considering such a great loss.

Posted in Medical Malpractice
Tags: Damage Caps, Medical Malpractice