The Daily

Med Mal Presuit Rules Can Be A Trap

Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves a claim by the defense that the procedures were not properly followed. This results in an unbelievable amount of litigation, appeal, and court docket crowding.

Texas is one of those states. Recently their Supreme Court had to overturn an appellate court ruling that ruined a legitimate action for years – all because the Appellate court accepted quibbling over the language of the expert reports confirming the merit of the case.

The appeals court faulted the two reports for not including enough details about how Kenmar should have changed Uriegas’ care plan, monitored his condition after the first fall or the specific interventions the facility and its nurses should have implemented, according to court documents.


Choose your lawyer carefully.

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