Legal Question in Medical Malpractice in Texas

Re: My dads death-March 4, 2009

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Re: My dads death-March 4, 2009

I am very sorry about your father's death. Losing a family member is always hard; it is especially hard when you feel it was unnecessary and the fault of those to whom he entrusted his life in the first place. However, there are so many misconceptions about what constitutes "malpractice" that I felt I had to answer your question.

Most people just don't understand that malpractice cases (called "healthcare liability" cases in Texas) are very rare and very difficult to prove and win BY DESIGN. George Bush, Rick Perry, and the primarily-Republican Texas legislature designed the laws to PROTECT doctors and hospitals from claims and lawsuits. They do not want you to be able to successfully sue doctors and hospitals, so they have made the laws so strict that almost no one can get across all of the legal obstacles they have put in your path.

In all healthcare liability cases in Texas, you must PROVE that the hospital was "negligent" and that it was this negligence that caused your father�s death. And so much of what you may think constitutes "negligence" probably does not under the definitions handed down by our Republican-dominated appellate courts. Establishing negligence cannot be based upon only your feelings, suspicions, or suppositions that the hospital MAY have done something wrong or not provided the level of care that you feel they should have. It must be based on EXPERT TESTIMONY FROM ONE OR MORE DOCTORS that the hospital was NEGLIGENT. Therefore, it is necessary for your attorney to obtain sworn expert testimony the hospital was negligent. It is also necessary to obtain ALL medical records from the time your father was first admitted to the negligent hospital and get those to your attorney for review. Establishing negligence is a very difficult, but absolutely necessary, element of your case. And the evidence establishing negligence must come from a doctor; it cannot be based upon yours or my opinion.

To give you an idea of how strict the requirements are under our new laws, I review approximately 200 (two hundred) cases for every 1 (one) I find that meets the legal requirements. Amazing, I know, but absolutely true. The Republicans set out to severely restrict your ability to sue doctors and hospitals--even when they may have killed your father--and they have succeeded. The reason? In truth, doctors and hospitals are far more important to them than your father's life. That's the truth. I'm sorry to have to be so blunt, but that is the absolute truth. And nothing is going to change in the law until we change those who make the laws. Until these heartless, cruel, sanctimonious Republicans are replaced, we will continue to have a system that values money over human life.

Again, I'm very for your loss, and I'm sorry there is very likely nothing you can do about it. You and your family have my deepest sympathy.