Medical Negligence Lawyers Seek to Redefine Medical Liability Act

With the Texas Legislature hard at work during the current legislative session, some medical negligence lawyers are supportive of State Representative Chris Turner’s proposed changes to the Medical Liability Act. Representative Chris Turner, a Democrat representing District 101 in Tarrant County, introduced House Bill 956 to the legislature in late January 2015. This bill would help to redefine the medical liability act.

House Bill (H.B.) 956 would essentially limit the individuals and circumstances in which a claim must be brought under the medical malpractice laws and caps. Currently, Chapter 74 of the Civil Practice and Remedies Code calls for any “person” who has sustained bodily injury or death, in connection with a medical provider or facility, to file a medical negligence claim. The issue arises when individuals who are not patients, such as employees, guests, or visitors, are injured, discriminated against, or assaulted in a healthcare setting. Under the current laws, these non-patients are subject to the liability limits and rules outlined in the Texas Medical Liability Act.

This means that if you are visiting a relative at a hospital and injure your back after falling on a puddle of water left in a hallway, you are subject to the limits that the Act currently places on people who sue medical providers, as well as to certain requirements that are not necessary in most standard personal injury claims. These limits are capped at $250,000 for non-economic damages.

The original intent of the Texas Medical Liability Act was likely to protect medical professionals and facilities from frivolous lawsuits. With the current language of the Act extending to all “persons” injured or assaulted in a healthcare setting, the cause of action need not be directly related to healthcare.

Cow in the Road Case: May Help to Redefine Medical Liability Act

The proposed changes came after a defendant who was a retired doctor tried to dismiss a case involving a plaintiff who was injured after hitting the doctor’s cattle. The retired doctor claimed that since the plaintiff failed to file an expert report with the court, the case should be dismissed. His assertion was based solely on the fact that he was a retired medical professional, even though the circumstances were not directly, or even indirectly, related to healthcare.

Texas medical negligence lawyers have expressed broad support for the proposed changes to the Act. Attorney Charles Brown stated,

“If the law stays the same as it has been, we will continue to see instances where employees have to file an expert report for an on-the-job injury, and nurses too will have to file an expert report for assault at the workplace. We need this to change.”

Tort reform swept through Texas in the early 2000’s placing caps on financial relief and imposing various provisions on claimants.

Contact Our Texas Medical Negligence Lawyers for Answers

If you have questions about an injury you suffered in a healthcare setting – whether you were a patient, visitor, or otherwise – contact our Texas medical negligence lawyers to learn more about your legal rights. At MedMalFirm.com, we can help you find answers and pursue the best options for your situation. Fill out our online form to request a free consultation.

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Update: Is a Slip-and-Fall in a Hospital a Health Care Liability Claim?