Texas Tort Reform Laws Cause Malpractice
In 2010 when a Texas woman went to Christus Santa Rosa hospital emergency room she explained to the doctors that she had a history of bad blood clots in her legs. The doctor did not take her claim of blood clots seriously. They sent her home without fully investigating the issue of blood clots. She stayed at home for a few days and what turned out to be blood clot in her legs caused serious tissue damage. The damage was not reparable and the poor woman had both her legs amputated above her knees! At that point it was the only solution that would save her life!
When asked by a reporter why she believes this medical travesty happened, the woman blamed the Texas medical malpractice reform act.
In 2003 Texas legislature passed a comprehensive tort reform package. The package capped non-economic damages in medical malpractice cases at $250,000 and lowered the standard of care a doctor must give to a patient in the emergency room to a 'willful and wanton' negligence standard - interpreted as intentionally harming the patient - for emergency care." In other words, unless a plaintiff can prove the doctor intentionally caused them harm, the patient cannot sue the doctor for making obvious medical errors.
Florida already has a restrictive medical malpractice law. I am personally in favor of protecting doctors and hospitals from frivolous and unwarranted lawsuit. Fortunately Florida forces injured victims to get an affidavit from an expert stating exactly why the doctor malpractice before they are permitted to sue. Then the doctors and their lawyers can look at the case fully and determine if the plaintiff has a real case. Only after the doctor and his lawyer determine they do not want to settle the claim, in light of the expert opinion, is the plaintiff allowed to sue.
This system was bemoaned by plaintiff lawyers when it was passed by the Florida Legislature. Yet, over time it has proved to be a fair system and one which brought medical malpractice cases under control in our state. There is no rational basis to swing the pendulum further in favor of doctors. Injured people such as this poor woman in Texas must have the ability to get redress for civil violations in court. It is important for the medical community to know they must provide competent and ethical medical services to their patients. Putting into place a willful and wanton standard lowers the medical care for all citizens across that state.
This legislative session make sure your representative knows you want to keep Florida patient safe!
