The Facts About Limited-Government Liability in Texas

When it comes to medical malpractice or negligence, there is perhaps no better example of a failing system than Texas’ limited-government liability law.  In reviewing the facts about limited-government liability in Texas, it appears that one provision is shielding doctors and hospitals from being held liable for malpractice or negligence in civil courts.  What that means for patients is that they may be unable to get compensation for injuries, illness, or trauma associated with medical malpractice or negligence.

Healthcare negligence is a devastating problem impacting hospitals and facilities across the U.S. In Texas, some hospitals have startling rates of complications that could reinforce failures in the current system. Poor ratings and high rates of complications also highlight the grave need for patient rights to be at the forefront of legislation.

Read on to learn more about limited-government liability laws in Texas. If you have questions or concerns about care you have received at a healthcare facility in Texas, contact the Houston medical malpractice attorney at MedMalFirm.com to learn more.

Startling Example of Failing System

Imagine being in the hospital sedated when a doctor or nurse enters your room and sexually assaults you.  Then imagine that there is nothing you can do to get compensation for what you went through.  No process allowing you to plead your case, explain the physical and emotional side effects of your ordeal, or demand justice.  This is exactly what the limited-government liability provision is doing to patients in Texas.

This is made evident in the results of a recent case filed against a Texas doctor, Ben Taub Hospital, and Baylor College of Medicine.  In 2013, while hospitalized after an acute asthma attack, a young mother was sexually assaulted in her room by a doctor.  He fondled her, then raped her, allegedly unplugging the emergency call button at the bedside beforehand.  Because the patient was sedated, she was unable to fight back.

Houston Police filed criminal charges in October 2015, and the doctor lost his license and internship.  Unfortunately, what makes this case so frightening is the fact that the victim’s ability to pursue compensation for her ordeal was deemed challenging before it even began simply because of how the doctor’s employment was structured, and what that meant under tort reform passed in 2003.

Limited-Government Liability

The limited-government liability provision in the Civil Practice and Remedies Code of Texas states that employees of government entities will be immediately dismissed from lawsuits filed against both parties.  In the case discussed above, Baylor, where the doctor was employed, is considered a government entity because of its relationship with Ben Taub, which is run by the county.  Under the tort reform provision, the doctor was considered a public servant and thus, would be dismissed from the lawsuit.

Needless to say, the result of this particular lawsuit has highlighted the dangerous nature of the limited-government liability provision.  Now, lawmakers and the media are calling for people to speak up and make a change in the laws.  Lawmakers responsible for passing the provision have even stated their dissatisfaction with the way the provision is being used to protect doctors and hospitals who are guilty of medical malpractice or negligence.

Lawmakers and representatives hope that this case will, at the very least, cause lawmakers to consider changing the law or adding an exemption for cases including violence or sexual abuse.

The only parties that seem to really benefit from the way the law is currently written are doctors, hospitals, and healthcare systems managed by the government.  Often, these entities are protected by a series of laws, processes, and legal teams dedicated to protecting the company.  Patients are left to pick up the pieces of a devastating event without the ability to put a face and voice to the real problems happening in the healthcare system.  They can file a lawsuit, sure.  But to what end? If the law does not change, then the hope of getting justice or compensation remains practically nonexistent.

A Downward Spiral

Getting medical care is essential.  Even routine, non-eventful care can be stressful and expensive.  For patients who are victims of medical malpractice or negligence, there is a steep downward spiral that can transform an ordinary medical situation into a nightmarish ordeal.  Victims of medical malpractice or negligence often face the expenses of additional medical care, mental or emotional care (therapy, counseling, etc.), and changes in their life and overall wellbeing.  Without the ability to pursue compensation, the toll that malpractice or negligence takes is even greater.

Limited-government liability only places further stress on patients and their loved ones.  Many healthcare facilities are operated by government entities, including VA hospitals, which are operated by the Department of Veteran’s Affairs. Any time a government entity is involved in a lawsuit, the situation is more complicated, but the law should not shield individuals who are responsible for harming others simply because of their title or designation.

Getting Help after Medical Malpractice or Negligence

At MedMalFirm.com, we understand how daunting the prospect of filing a medical malpractice or negligence lawsuit can seem.  Filing a lawsuit against a doctor or hospital can be a challenging, complex, and lengthy process.  That does not mean that you should not attempt to stand up for your own legal rights, or that you must face your ordeal alone.

Doctors, nurses, and hospital staff members all have a responsibility to provide medical care that meets accepted standards.  When they fail to do so and you are harmed as a result, you have the right to speak up and get help in protecting your rights, your family, and your future.  At MedMalFirm.com, we can help you do just that.

Contact our office to speak with one of our experienced medical malpractice attorneys.  We can help you understand your case, how the law affects it, and what options you have to protect your rights and get the compensation you deserve.  Fill out our online form or call us toll free at 877-887-4850 to schedule your free consultation.