Legal Question in Personal Injury in Texas

I'm answering this question because it is asked--in many different ways--every day. Here is what you need to know about "healthcare liability claims" in Texas (which is what any "malpractice" case against a doctor, hospital, pharmacy, nursing home, or any other such case is now called): First, you must prove "negligence," and proof of negligence must come in the form of an Affidavit sworn to by an EXPERT. (In "pharmacy" cases, your "expert" would have to be a pharmacist. In a "back surgery" case, the expert would have be an orthpedic surgeon or perhaps a neurosurgeon. In a nursing home case, a nursing home administrator--and probably also a physician--would be your "experts." Etc.)

Next, you would have to establish "damages." In other words, if you caught the pharmacy's mistake before any harm was done, you have no damages and would therefore have no case. Even if taking the wrong medicine made your child ill, unless the damage done was very serious and permanent, your "damages" would not amount to enough to cover the tremendous cost of pursuing this type of case. (Hiring an "expert" just to sign an Affidavit can easily cost $2,500.00--or more--and if you are required to file suit--which, in 95% of healthcare liability cases you are--it is not uncommon to need 3 or 4 "testifying experts" to prove your case, and each one would charge $10,000.00 AND UP to serve as the "expert witnesses" in your case.) It is not at all uncommon for a healthcare liability claim to cost $50,000.00 and more, just to pay the "experts" necessary to prove your case.

The Republicans who recently revised all of the "malpractice" laws in Texas deliberately made it so expensive to pursue a case, only those cases with huge damages are economically feasible. Yet these same Republican lawmakers also put a "cap" of only $250,000.00 in non-economic damages, so, in very serious cases, you not only cannot receive adequate compensation, but you may actually end up having to spend so much on "experts," you come out in the hole once you pay the expenses of your litigation. This is just one more very clever way the Republicans protected doctors, hospitals, pharmacies, nursing homes, and all other healthcare providers (and, of course, the INSURANCE COMPANIES) at the expense of the citizens of Texas who are sometimes grievously injured, or even killed, by the negligence of medical professionals. (Please remember this the next time you vote. There is no Republican--not one--currently in office in Texas who stands up to the insurance companies on behalf of the "little guy.")

So, in short, you probably don't have a case, first because you have no damages (thank goodness!), and secondly because the Republicans have made it so expensive to pursue a case in Texas, it would cost more to pursue than you would ever be able to collect from a jury. But at least your child is okay, for which I'm very grateful and glad.