In 2003, the Texas legislature re-wrote the laws that govern medical malpractice. It was codified in Chapter 74 of the Texas Civil Practice and Remedies Code and is known as the Texas Medical Liability Act. The purpose of the law was to protect healthcare providers from frivolous suits, but in my opinion, the law went too far and has made it very difficult for attorneys to accept medical malpractice cases.
The law makes it harder to sue doctors and hospitals: When the new law took effect in 2004, many attorneys quit accepting malpractice cases because the law increased the costs involved, increased the amount of work required, and lowered the amount a jury could award. Today, there are still very few attorneys willing to take these cases. Your attorney must pay a doctor to review the medical records concerning your medical event and then write a report that assures the court you are not bringing suit in bad faith. Hiring doctors to write reports and booking their time for depositions can add tens of thousands of dollars in expenses to the case. And even though the expenses are higher, the money a jury can give you is much lower because of the caps on damages. Even the most horrible medical mistakes causing terrible, permanent harm are limited to $250,000.00 in non-economic damages.
Other factors that make it harder to sue: Medical malpractice cases require more time to evaluate, so the statute of limitations can also be a factor in declining a case. If your case is close to two years old, there might not be time to obtain medical records and have a doctor review them. Finally, it is difficult to convince a jury to rule against a doctor. Doctors are highly educated, highly intelligent, and for the most part, likable people whose job it is to make people feel better. Jurys tend to like them and respect them, and, therefore, find it difficult to find them negligent.
Conclusion: Medical malpractice cases are a special type of case. Unlike personal injury cases, your attorney cannot file a lawsuit based on what you say happened to you, with the only expense being the filing fee. Records must be reviewed, doctors must be hired, and a report must be written. These cases often involve multiple experts and multiple depositions – all at great expense. These cases are hotly contested and can involve multiple court hearings on a range of motions before a jury trial is even scheduled. Despite all this, many people are harmed each year by medical mistakes and these cases can be won. If you have been injured by a medical mistake, call the Law Offices of Robert Rodriguez and get a free consultation.