What makes the malpractice in Texas so good?

[Pudortu]

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Hey everyone. I was wondering what exactly makes Texas so good for ER docs for malpractice. I understand there are caps but other states have caps too. Are there any specific reasons or laws that I've not heard about that pertain to us and protect us? Thanks in advance!

 

[RustedFox]

Burden of proof for negligence = "willful and wanton".

Not many other states have set the bar that high.

 

[Pudortu]

Burden of proof for negligence = "willful and wanton".

Not many other states have set the bar that high.

Does the willful and wanton proof have to be evident for a malpractice lawsuit to be successful? Thanks so much for the quick reply

 

[RustedFox]

If plaintiff's counsel cannot meet the burden of proof, then they can't claim negligence.

Four "D"s have to be present for a successful malpractice suit:

1. Duty (between provider and patient)
2. Dereliction (standard of care not met)
3. Damages (harm was done)
4. Direction (not meeting the standard of care resulted in the damages done)

States have varying burdens of proof. Some are "beyond a reasonable doubt", some are "more likely than not", some are "willful and wanton". To prove negligence in Texas, you must convince the judge and jury that the negligence was pretty intentional and radical (hence, "willful and wanton"). This is a hard burden to prove.

I am no legal eagle. I can be wrong. Someone else on here please correct me if I am wrong.

 

[Alvarez13]

If plaintiff's counsel cannot meet the burden of proof, then they can't claim negligence.

Four "D"s have to be present for a successful malpractice suit:

1. Duty (between provider and patient)
2. Dereliction (standard of care not met)
3. Damages (harm was done)
4. Direction (not meeting the standard of care resulted in the damages done)

States have varying burdens of proof. Some are "beyond a reasonable doubt", some are "more likely than not", some are "willful and wanton". To prove negligence in Texas, you must convince the judge and jury that the negligence was pretty intentional and radical (hence, "willful and wanton"). This is a hard burden to prove.

I am no legal eagle. I can be wrong. Someone else on here please correct me if I am wrong.

No judge in their right might is going to turn down a plate of home made wontons.