Texas Medical Malpractice Lawyers Ask: “How far does tort reform really extend?”

An interesting case has our Texas medical malpractice lawyers asking – “how far does tort reform really extend?” On January 9, 2015, Dallas’ Fifth Court of Appeals denied relief to a defendant who filed a writ of mandamus against a trial court judge.  The defendant filed the writ against a judge who refused to rule on the defendant’s motion to dismiss at the trial court level.  The defendant, 82-year-old Richard K. Archer, had filed a motion to dismiss with the trial court in a case where he claimed that the plaintiff failed to file a Chapter 74 expert report in a timely manner.

Texas Medical Malpractice Lawyers Question Reform

Texas medical malpractice lawyers have struggled with the changes that Texas Tort Reform imposed in the early 2000’s.  In addition to the caps placed on non-economic damages, plaintiff’s attorneys are required to file a Chapter 74 expert report within 120 days after the defendant’s original answer is filed with the courts.

A Chapter 74 expert report provides an analysis by a qualified healthcare professional explaining how the defendant medical professional or facility deviated from the standard of care commonly accepted within the medical community.  This means that the expert must explain, in writing, what the negligent act was that caused the plaintiff’s injury, as well as how the act deviated from accepted norms.

A case that involves a failure to diagnose leading to subsequent illness or death, surgery done on the wrong surgical site, or negligent acts during labor and delivery that lead to a child’s birth-related injury are examples of cases that would require an expert report to be filed.

In this case the plaintiff, Bobby Tunnell, sued the defendant for injuries caused due to the defendant’s inability to keep his cow contained.  Mr. Tunnell was driving along a high plains road when he hit one of the defendant’s loose cows, sustaining injuries to himself and his car.  The defendant, a retired physician, follows the precedent set by the 2012 Texas Supreme Court case, Texas West Oaks Hospital v. Williams, which requires a plaintiff to file an expert report when they sue medical professionals, even if their claim is not directly related to healthcare.

For weeks Texas medical malpractice lawyers have questioned how far tort reform really extends. With concerns over the holding in Texas West Oaks Hospital v. Williams, which seems to make the lines between what is considered “related to” healthcare and what isn’t even murkier, plaintiff’s attorneys will be on the lookout for what happens next in this cow-related case.

The Fifth Court of Appeals denied the defendant relief.  The case is now set to go to trial later this month.

 How Does Tort Reform Affect You?

The changes created by Texas tort reform directly affects patients who have been the victims of medical negligence.  Damage caps, expert report requirements, punitive damage restrictions, and lengthy notice period requirements are all by-products of the passage of tort reform in Texas.  These help to protect medical professionals and healthcare facilities, but they may not be in the best interest of patients.

If you believe that you have been the victim of medical negligence, contact the Texas medical malpractice lawyers at MedMalFirm.com today at 877-887-4850, or fill out our online inquiry form for a free consultation.

Resources

See Texas Lawyer’s “How Is Hitting a Cow in the Road Med Mal?” for more details.