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A co-worker had some type of botched surgery where the doctor didn't remove all the tumors growing in his jawline and they regrew.
Several lawyers said he had a great case but they wouldn't touch it because the most he could get in Texas was $250K due to malpractice limits the state passed about 10 years ago. After expertise testimony and other costs, there wouldn't be much left.
No. I have taken one med mal case in the past 10 years. Caps kill those cases. Money is good in other areas, most notably oil and gas litigation and patent litigation. But not med mal. You're very ill-informed. Victims with very good cases on liability can't get lawyers to touch their case in Texas because of caps. Expenses in a typical med mal case are about $150 - 250,000. You just can't handle them unless you have overwhelming economic damages.
Quote:
Originally Posted by gnadfly
A co-worker had some type of botched surgery where the doctor didn't remove all the tumors growing in his jawline and they regrew.
Several lawyers said he had a great case but they wouldn't touch it because the most he could get in Texas was $250K due to malpractice limits the state passed about 10 years ago. After expertise testimony and other costs, there wouldn't be much left.
Socialize medicine. The fact that there is a cap to discourage ambulance chasers justifies it. Is Texas really saying that the most a body part is worth is a quarter million? Deep down, I don't think any person is really worth that but that's besides the point.
A co-worker had some type of botched surgery where the doctor didn't remove all the tumors growing in his jawline and they regrew.
Several lawyers said he had a great case but they wouldn't touch it because the most he could get in Texas was $250K due to malpractice limits the state passed about 10 years ago. After expertise testimony and other costs, there wouldn't be much left.
same thing with a friends dad ... knee replacement, hospital related infection, 35 days later they removed his leg between the hip and knee .. Lawyers wouldn't touch it.
The United States has the #1 healthcare in the world.
When presidents of countries need major surgeries most come to the USA!
Most of these studies have signicant biases (flaws) which negate the findings.
The key is to understand how studies are made and which biases are associated with them
Not that the United States doesn't have top notch Health Care, Not all areas of Medicine are superior here. President Reagan went to Germany for Cancer treatment.
Not that the United States doesn't have top notch Health Care, Not all areas of Medicine are superior here. President Reagan went to Germany for Cancer treatment.
No. I have taken one med mal case in the past 10 years. Caps kill those cases. Money is good in other areas, most notably oil and gas litigation and patent litigation. But not med mal. You're very ill-informed. Victims with very good cases on liability can't get lawyers to touch their case in Texas because of caps. Expenses in a typical med mal case are about $150 - 250,000. You just can't handle them unless you have overwhelming economic damages.
The cap in Louisiana was put in place in 1972? 76? $600,000.
Guess what the cap is today? $600,000.
Doctor can show up drunk, snort a line of coke off your wife's boobs, shit on her face - cut her open from one end to the other - then rape her corpse - 600k. Total. To be split with your lawyer, the experts, and every other hand in the pie.
Is Texas really saying that the most a body part is worth is a quarter million? Deep down, I don't think any person is really worth that but that's besides the point.
#1: The sales pitch for the Texas Constitutional amendment was that it would lower malpractice insurance premiums ... which would LOVER HEALTH CARE COSTS ... "sound familiar? ... and when it didn't after the first year the "new" sales pitch was that the carriers had to get rid of the existing malpractice suits, which would take about 5 years to "wash out" of the system, so the carriers would have to maintain and/or increase their premiums to the physicians for their malpractice insurance to cover the additional costs for the existing lawsuits that were not retro-actively covered by the constitutional amendment, which was then implemented into law ...
there is another provision in the law having to do with notice to the doctor within a specific period of them or there can be NO RECOVERY ...
FYI: ... It did not lower health care costs. Neither will ObaminableCare.
A co-worker had some type of botched surgery where the doctor didn't remove all the tumors growing in his jawline and they regrew.
Several lawyers said he had a great case but they wouldn't touch it because the most he could get in Texas was $250K due to malpractice limits the state passed about 10 years ago. After expertise testimony and other costs, there wouldn't be much left.
A solution for that situation is limit attorney fees recovery on medical malpractice claims like is done now in Texas with workmen's compensation claims .. and allow for an administrative decision like workmen's comp claims ... .... with judicial review,
which BTW is missing at this point in the "panel" decisions of Obaminable Care.
Of course "real reform" in Texas for "frivolous" lawsuits, which was what the Texas Constitutional amendment was "originally" supposed to cure ... would be for authority given to the state court judges (as the Federal judges have) to award attorneys' fees and litigation expenses/costs to the winning party .. and in the case of a winning defending party against the PLAINTIFF'S ATTORNEY who brought the suit in the first place ... WITHOUT THE NECESSITY OF A FINDING OF "FRIVILOUS SUIT" as is now required.
Socialize medicine. The fact that there is a cap to discourage ambulance chasers justifies it. Is Texas really saying that the most a body part is worth is a quarter million? Deep down, I don't think any person is really worth that but that's besides the point.
The generic term "ambulance chasers" is, IMO, not applicable to "medical malpractice."
