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by Jeff Rasansky - February 13, 2013
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

If you’re considering filing a lawsuit over medical malpractice in Texas, you’re already subject to a lot of restrictions. Couched as “tort reform”, politicians changed the laws that related to malpractice claims in Texas, mostly in the favor of doctors and their insurance companies. A couple of cases headed to the Texas Supreme Court may end up making these laws even more disadvantageous to the plaintiffs.

The Cases

The two cases in question will determine whether or not some loopholes in the deadline for filing expert reports with a medical malpractice claim. Currently, there is a loophole that allows this to be done within 120 days, in some cases. Lawyers are predicting that the court may act to close this loophole, according to Law 360.

If plaintiffs don’t meet the deadline, they may end up having their cases dismissed outright, not because of the merits of their claim, but because of a bureaucratic requirement.

What Does this Mean?

Malpractice law and the myth that it’s something that people exploit for easy money has driven a political effort to write laws that practically look like they were written by lawyers for malpractice insurance companies. For every person who has suffered grievously at the hands of a doctor who didn’t give medical care that was up to standards, there’s a new law being considered that will cut that person off from being able to seek compensation for what they’ve been put through.

There are good reasons that people file medical malpractice claims. Medical malpractice sometimes results in horrible pain and suffering, deadly conditions like cancer not being treated properly, people having the wrong surgeries performed and worse. The doctors are ultimately responsible when they commit a negligent action but, more and more, political forces are finding ways to divorce doctors from their responsibility for their clients and to take from citizens their right to seek compensation in the civil courts.

Is it Even Worth It?

A good Texas medical malpractice attorney can still help people who have been wronged by doctors, hospitals and other entities. There are still laws on the books that make it possible for people to get compensated, but they are getting more and more complex and restrictive. An attorney will understand these laws inside and out and make sure that you get a chance at winning compensation. Not every case will win, of course, but attorneys can still help you exercise your rights.

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