Legal Question in Medical Malpractice in Texas

Re: Grand Jury System--Could it be used?

Grand Juries are for criminal cases. The term Medical malpractice lawsuit abuse is coded language by insurance companies which means, "how can we keep injured plaintiffs from suing doctors who harm them?" Answer, Prop 12, which, touted as a cure for frivolous lawsuits does nothing of the kind. Instead, by limiting pain and suffering damages, it prevents injured parties from being able to pay for an attorney who receives a percentage of the recovery. Since medical malpractice suits can cost an attorney $100,000.00 for experts, trial, tests, records, etc., you can see why it doesn't make sense to file suit. And rarely does a Plaintiff have $100,000 lying around to hire an attorney to represent them in a medical malpractice case. Particularly when they've probably lost their job, spent most of their savings, lost their house, and are maxed out on credit cards, trying to pay bills. Juries, particularly in North Texas, as a rule, don't award future wages, may award only some or no lost wages, and sometimes don't even award the full amount of medicals. There were already safeguards in place; prior to filing a medical malpractice suit; among them, an attorney had to either post a $5,000.00 bond or file an expert's report regarding the injury. This prevented "frivolous" lawsuits. Rule 13 of the Texas Civil Procedures allows for sanctions against a party who files a suit with no merit. Those who voted in favor of Prop 12, voted away YOUR constitutional rights.