Texas Man Sues For Medical Malpractice After Broken Bed Caused Fall

In 2000, Irving Marks was in St. Luke’s Episcopal Hospital in Houston recovering from a back surgery he had had there. While mending, Marks fell and injured himself further because of a broken footboard on his bed.

Now, Marks is suing the hospital for medical malpractice – and raising an interesting question of whether or not a person can sue for Texas medical malpractice if doctor error was not involved with your injury, and if those cases fall under the state’s medical malpractice caps. Now, the Texas Supreme Court is looking at the case.

This medical malpractice case comes at a time when the state is looking at the greater meaning of medical error lawsuits as well as tort reform that would restrict frivolous lawsuits. Others see the case as not a medical malpractice incident, but a premises liability case, as the hospital should have maintained their beds and made certain they were safe for patients.