Tort reform in Texas

I subscribe to Longreads.com (it’s free but if you appreciate it, and you will, you can donate $3.00 a month).  It’s a site that collects some of the best long reads available.  What caught my eye today was this article from Houstonia Magazine on tort reform in Texas:  “It is Time to Reform Tort Reform?”

AS LOUISIANANS, THE DILEOS WEREN’T AWARE of the sweeping reforms in Texas’s civil justice system. All they knew is what they heard from the attorney they’d hired, who had spent 14 years as a neurosurgeon prior to her law career. It was clear to their lawyer, based on a review of the medical records, that Jon’s surgeon had been negligent. As she wrote in her blistering report, “While Jonathan was dying in front of his family, [his neurosurgeon] went home to have dinner with his family for five hours, as Jonathan irreversibly deteriorated. Jonathan was still awake and speaking at 5 p.m. Had [the surgeon] acted at or before this time, Jonathan’s life would have been saved. The only person involved in Jon’s care who could have saved his life decided to have dinner instead.”

2 thoughts on “Tort reform in Texas

  1. I have always said that tort reform will itself be reformed when enough white affluent Republicans get screwed by it.

  2. Ms. Tucker,

    I have read with interest the article you listed in Houstonia magazine. While it does appear on the surface that the concept of sovereign immunity and caps on damages may have resulted in inequities in this case, please remember that Louisiana, where this family resides, also has similar laws and a cap on damages.

    IN ADDITION, Louisiana also has a “medical review panel” that must decide if the physician/medical care is negligent. The panel in Louisiana is not a bar to filing the suit, but the results of the panel’s findings are admissible at trial.

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