There has to be a way for individuals to maintain rights over massive hospitals if they or their loved ones are maltreated.
Hollywood, FL (PRWEB) June 26, 2016
A Texas malpractice suit three weeks ago resulted in policy changes to Texas malpractice litigation laws. The case began in 2005, when the body of Jerry Carswell was found in a Texas hospital under suspicious circumstances. Fearing a malpractice suit, the hospital examiner removed the man’s heart and preserved it as evidence that the man died of a heart attack. Linda Carswell, the wife of the deceased, sued the hospital for medical malpractice for removing the organ without consulting her, however, the two year statute of limitations had expired, and she was not able to receive damages. The Texas Supreme Court eventually found the hospital guilty of fraud, and the heart was returned to Linda Carswell for examination and burial. The jury’s verdict found that “the post-mortem actions of the defendants were taken for the purpose of concealing deficient pre-mortem health care.”
This case comes amid continuing discussion in Texas about the appropriateness of medical malpractice suits. Conservative judges in the Texas Supreme Court tend to favor making malpractice suits harder, with an intent toward reducing the payouts from these suits and medical costs in the state at large. Critics of this school of thought argue that reducing payouts reduces costs marginally for the average person, but may result in devastating costs for individuals relying on malpractice payouts to cover damages. It is a classic question of needs versus wants for the general population. Are these cases beneficial enough to individuals to outweigh the increased cost to the average taxpayer?
Medical malpractice litigation expert Attorney Big Al of the 1-800-HURT-123 firm sees a lot of medical malpractice cases and maintains offices in Texas and across the country. He commented, “Malpractice cases are an important part of the criminal justice system. There has to be a way for individuals to maintain rights over massive hospitals if they or their loved ones are maltreated. This Texas case poses some interesting questions and establishes corpses as falling under medical practice claims in Texas, which is a development my offices there will be following closely.”
Those with questions about medical malpractice suits in Texas can turn to the Texas Medical Professional Liability Law handbook, but the most important piece of information the average person should know is the statute of limitations. In Texas, a malpractice claim is viable for two years after the reported incident. Increasing consumer awareness of these processes can help citizens to avoid expiration of the statute of limitations.