A recent article in the Texas Observer discussed the likelihood of Ebola lawsuits in Texas. Thomas Eric Duncan may have died, in part, due to improper treatment. He died after having been given painkillers and antibiotics, but nothing more. Some believe that his misdiagnosis is clearly malpractice and that a lawsuit should be filed against the hospital.
Texas Hospital Law for the Critically Ill
Due to tort reform in 2003, as well as earlier court decisions, hospitals are unlikely to face consequences for sending uninsured patients home, even if they have life-threatening illnesses. Texas is not one of the states that follow the “loss of chance” doctrine, which favors the victims in a malpractice lawsuit, even when the chance of survival was less than the chance of death.
In Texas, a hospital is likely to get out of a case if a patient seemed likely to die. As Ebola currently has only a 3 out of 10-survival rate, the family of Mr. Duncan are unlikely to be able to file a successful lawsuit.
Can a Malpractice Lawyer Help a Victim’s Family?
Yes. Although, this would be difficult in a case of a near-guaranteed death. You would have to prove that gross negligence was involved. The reform of 2003, dropped malpractice claims by 60 percent.
Despite the difficulty in filing a lawsuit against a hospital in Texas, lawsuits still occur and compensation is still secured. Call a medical malpractice lawyer to see how strong of a case you have in the event of hospital negligence.
The Law Offices of Aaron Allison – Austin Personal Injury Attorney