Medical Malpractice

Many states across the country have adopted so called "tort reform," supposedly to bring down the costs of health insurance. These reforms devastate an individual's right to seek redress in a court of law when a doctor or nurse commits medical malpractice. None of the stated goals of tort reform, such as lower insurance premiums, have been achieved by giving bad doctors a pass when they seriously injury or kill a patient.

What is Medical Malpractice?

Medical malpractice is more than a doctor or nurse making a mistake. Mistakes happen. Medicine is not an exact science and sometimes bad things happen when no one is at fault.

In order for there to be medical malpractice, there has to be a deviation from the "standard of care." Standard of care is generally described as what a reasonable doctor or nurse would have done in the same or similar situation. For example, let's say you go to the doctor complaining of chest pains. The doctor looks you over and diagnoses you with indigestion, without assessing your medical history or ordering any testing. You go home thinking everything is fine, and suffer a major heart attack. Clearly, in that situation, the doctor deviated from the standard of care.

Is it still possible to sue a doctor or hospital?

It has become so difficult in Texas to sue a doctor or hospital, that our firm takes on fewer than 5 medical malpractice cases a year. This is because a monetary cap of $250,000 has been enacted for the total damages that can be recovered. This means that no matter how horrible the circumstances; a mother losing a child, a wife losing her husband, children left without parents, the maximum recovery for pain, suffering and mental anguish is $250,000. Though there is no cap for lost wages or future medical bills, the cost associated with suing a health care provider is extremely high, as much as $100,000. Thus, after deducting expenses and fees, the recovery available for the injured victim is so small, that pursuing these claims becomes almost impracticable.

What should I do when I feel as though I have been unfairly injured by a doctor or hospital?

Call the Law Offices and Maloney & Campolo. We will take a look at your situation and advise you as to what options are available. You have a right to know the difficulty involved in maintaining a lawsuit against a doctor or hospital. Though it is hard, we still strongly encourage you to contact us, so we can review your situation and help you make the best decision for you and your family.