Medical Malpractice Lawsuits Decrease

Beth Janicek

Attorney
(866) 735-1102 Ext 395

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The law limiting the damages recoverable in a medical malpractice cases has had the intended effect of limiting the number of medical malpractice cases filed in Texas. However, many Texans mistakely believed that the caps on damages would only limit frivolous lawsuits. The caps have no effect on limiting frivolous lawsuits. Instead, the caps on damages hurt legitimate lawsuits. It simply is unfeasible to bring some lawsuits under the caps due to the expenses in working up a medical malpractice case.

"That's a barrier because the cost of a medical malpractice case ranges from $100,000 to $150,000 on the low side to $250,000 or $300,000 on the high side. And that's before attorneys' fees," said Darrell Keith, who, by all accounts, is the most active medical malpractice plaintiffs' attorney in Tarrant County. "You have to prove enough damages to pay at least those expenses. That is not economically feasible in many instances, and that is the unjust aspect of the new law."

Individuals injured the most severly by medical malpractice are limited in their recovery which primarily benefits insurance companies. At a minimum the law needs to be reformed to indexing the $250,000.00 cap on noneconomic damages to the inflation rate. Otherwise, the damage cap will increase in its limitation to legitmate medical malpractice cases.