If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
The Texas Supreme Court in a 6-3 decision decided that workplace injuries for hospital workers, including nurses, should be treated as if they were medical errors. According to News-Journal.com, the decision will have impacts on nurses and other healthcare professionals who are injured on the job.
The Texas Medical Liability Act
The Texas Medical Liability Act limits the compensation that you can receive for non-economic damages in a medical malpractice claim to $250,000. The stated intention of this law was to reduce the number of medical malpractice claims throughout the state and to make the state more attractive to doctors, as well as to bring healthcare costs down. Since it was passed in 2003, the costs of healthcare have gone up and there has been no influx of doctors to Texas. The latest move extends this limitation to employees who want to sue for compensation for workplace injuries sustained at a hospital.
Under the law, an injured nurse or healthcare worker can only seek compensation from a hospital employer under the same restrictions that apply to the Texas Medical Liability Act. This applies if the healthcare facility hasn’t provided workers compensation insurance, as well. The limitations could make it difficult for employees who were injured to get enough compensation to help them carry their bills and other obligations while they recover.
Should You Sue?
The limitations in the Texas Medical Liability Act are not difficult to understand in terms of their purpose. The intent of the law is to make it less productive to sue over medical malpractice claims and, now, nurses who are injured on the job will be restricted by the same law. If you are injured, however, don’t give up.
The limitations on damages still leave room for a skilled attorney to get just compensation for what you’ve suffered if medical malpractice or workplace injuries were issues. Don’t let the law discourage you from talking to an attorney. A good Houston personal injury attorney may see an opportunity for you to get compensated and that may mean a lot of valuable assistance handling your bills and other obligations.
Malpractice law is designed to make doctors accountable for the treatment that they deliver to their patients. When that treatment is negligent, the law provides a way for people to seek compensation. There is a lot of talk about the damage that medical malpractice claims do to the healthcare system but far less talk about how much damage the healthcare system does to everyday people.
Make sure you talk to an attorney if you have questions. They can give you the information you’ll need on any laws that apply to your lawsuit and can let you know what your options are and which of them would be most productive.