The Cochran Firm Legal Blog

Four law professors, three of them from the University of Texas law school and one from the University of Illinois, released a study citing evidence that caps on non-economic damages medical malpractice cases are discriminatory in the state of Texas. Because of the caps, cases won by the plaintiff saw their damages reduced 47% of the time. It was found that the cases that had most of the damages reduced involved the unemployed, the elderly, and the deceased. It is believed this is so due to the groups do not have lost wages to “prop up” their claims.

If a jury found that there was enough evidence to show a medical professional acted in a negligent way, and the jury has determined what that plaintiff deserves in compensation, then one would think that all the money would get to them. However, 30 states have caps on medical malpractice claims, so it isn’t just Texas. But the study found that when there is a death involved in a Texas medical malpractice case, the elderly, unemployed, and the surviving children have their compensation limited to non-economic damages.

Fully compensating injured parties, especially those who have no other recourse, like the elderly, but especially the children, should be an important step and a concern of each and every state. If, as has been suggested in the study, and elsewhere, caps are keeping some attorneys from accepting medical malpractice cases from these groups, it can be argued that justice has not been served.

That being said, if you feel you have a medical malpractice case, please contact the experienced medical malpractice attorneys at the Cochran Firm. We serve clients across the country, and will gladly answer any questions you have concerning your claim.

Labels: Dallas, Houston