Texas Bill Would Modify Definition of "Claimant" in Medical Liability Cases

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A Texas state representative has introduced a measure that would change the definition of "claimant" in a health care liability case. The issue has arisen in relation to a decision from the Texas Supreme Court, which held that if a hospital worker sued the hospital in an on-the-job injury case, that case is considered a "Health Care Liability Claim" under Texas law, simply because it occurs in a health care environment. In that case, the hospital worker was required to have an expert report, just like those required in a traditional medical malpractice case. 

In other words, under current law, if a person is injured or physically assaulted in a health care setting and sues, that person is subject to liability limits and other rules in the Texas Medical Liability Act, because the defendant is a health care facility. The bill introduced by the state representative restricts the definition of a health care liability claimant to patients that were injured. Therefore, if the bill passes, and a nurse slips and falls at work, or a visitor to the hospital is sexually assaulted, if those people choose to sue they will not have to be treated as medical malpractice claimants who must jump through extra hoops in order to bring their claims.

If you have been injured by a hospital, you may have a claim either for personal injury, or medical malpractice. Hospitals are legally responsible to both visitors and patients. If you are injured, you may be able to claim damages for medical expenses, pain and suffering, lost wages, and more.

Call the Houston personal injury attorneys at Kennedy Hodges at 713-489-9493, or visit us onFacebook. We will provide you with a free consultation on your case, and you pay no fees unless we recover from you. 

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