Comments on: Texas Tort Reform

By: Paul

Paul — Tue, 09 Aug 2011 15:12:43 +0000

Tort reform has not stopped the medical profession from excessive charges, running tests, visits, etc. thereby milking the system. Tests, procedures, are ordered and done that are not always required. Unnecessary tests increase the cost to patients, not to mention the danger to the patient. All these excesse tests and charges begins to look like, just money generators !!!

By: Paul

Paul — Thu, 28 Jul 2011 17:19:11 +0000

Tort reform was a good thing for doctors, clinics, hospitals, and tax revenue. The lower cost to Texans for Medical Care hasn’t been realized, even though medical liability insurance rates have dropped. Perhaps if Hospitals and Doctors posted prices charged, Price List, that may help in bringing prices down. Shouldn’t the medical profession post their prices , like anyother business, so people could shop prices !

Who was it that was responsible for the paying patient to be taken out of the paying picture. Ins. and private insurance pay hospitals and physicians direct, taking the patient out of any realization of the total medical cost.

By: Mark Angelo

Mark Angelo — Sat, 02 Jul 2011 14:12:45 +0000

Tort reform in Texas has gone too far. The laws are too stringent and way out of line for today’s financial standards.
Infact, most law firms in Texas won’t touch a malpractice law suit unless the victim is almost completely disabled but not enough that the state takes over care. Anything less is not worth pursuing. With most cases, the $250,000 cap is just not cost effective to pursue legal action. It is a Get-Out-Of-Jail-Free-Card for physicians in Texas. No wonder they are migrating back to our wonderful state. For those of you who support such stringent Tort laws, obviously have not had it hit close to home. You should pray to God it never does! And by the way, my medical insurance premiums have increased 25% 2 years in a row.

By: jewels

jewels — Thu, 28 Oct 2010 06:31:51 +0000

This past tort reform has not brought economy relief. It has only granted a license for malpracticing medical facilities (especially governmental) to commit more malpractice.

Why would any reasonable person want to reduce economical strain of medical practicioners? It is assumed they are providing medical help to the public out of their good nature to man to begin with (not for love of high income and status). If the past tort has reduced malpractice insurance premiums by 21% and is not having an active roll in reducing insurance premiums for the general public, then what use is it?

Who would support a tort that not only has very little benefit to those who it is mainly assumed to protect and support med staff in their venture to accumulate wealth, and feel relieved to practice medicine without accountability? My 9yr old daughter’s toxicology interpretation suggests the 1072ng/g of Fentanyl found in her tissue (after more than 70 days gestation) was put there by intention or gross neglagence. My first hand experience in this case includes proof (in addition to an autopsy) that neglagence killed my daughter’s liver approx 42 days prior to her homecide(voluntary or involuntary), torchered her with mismanaged medication (causing possible blindness), and eventually exposing her to such murderous individual(s) who ended her life in November of 2009.

There hasn’t been a law firm in the state of Texas yet that will consider investing to litigate her case even with the mound of medical evidence I can provide, because and I quote, “the new tort passed about 7yrs ago in the state of Texas caps uneconomical damages…litigation which will cost more in medical expert fees than what can possibly be recovered… leaving the client with no compensation…possibly risking recovery of attorney’s fees.”

Damages should not be capped if it is the only thing that makes a case equitable enough to be tried. Where is the justice for the siblings of the victims, who cannot sleep at night afraid they may never wake? Where is the justice for the mothers of the victims, who with each passing year becomes more pale and grows lines on her prematurely aged face from lack of light outdoors (because she feels the world is stacked against her children)?

How can we continue to let hospitals get away with malpractice?

By: Linell

Linell — Wed, 11 Aug 2010 21:52:45 +0000

Agreed with Mark Angelo. My husband died in a County Jail due to negligence and although the deposition phase of the lawsuit pretty much proved this, because of Texas Tort Reform the County only had to prove it’s equipment was “working” and not that a qualified person interpreted it (i.e., read in EKG). We could only sue for 100K and the case was dismissed even though the evidence provided the EKG was not interpreted by a qualifying doctor and even though the doctor signed a paper he had examined my husband, he lied. That case is now with the Texas Medical Association and they are investigating.