Legal Question in Medical Malpractice in Texas

what are the malpratice laws in texas? Especially those for medical negligance.


Asked on 8/04/09, 4:03 pm

2 Answers from Attorneys

Chuck Cowan The Law Offices of C.D. Cowan, P.C.

See Chapter 74 et al of the current Texas Civil Practices and Remedies Code for the basic stautory law. Please note that these legislatively created statutes and\or their predecessors have been widely addressed by the common law. Those common law decisions are VERY complicated and are often misunderstood by some licensed legal practioners. Caution should be used in applying and\or relying on one's own interpretation of same !!!

Also bear in mind, Texas is a RED state. That means REPUBLICAN control. Generally speaking, that means Plaintiff's are classified as some sort of sub-species.

There has been a war on Medical Malpractice law and Medical Malpractice Plaintiffs since the late 1980s. That attack began with Gov. Bill Clements, continued with Gvv. Geo W. Bush and is currently still being heralded as "GOOD FOR BUSINESS" by Gov. Dick Perry.

Needless to say, the current state of the law is VERY anti-Plaintiff. The political\philosophical composition of the Texas Supreme Court and most of the 14 Courts of Appeal is very pro-insurance and very pro-medical community.

Good Luck if you are hurt by a doctor or a hospital within th eborders of this Great State. You should get aggressive experienced legal counsel immediately.

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Answered on 8/04/09, 4:30 pm
Chuck Cowan The Law Offices of C.D. Cowan, P.C.

See Chapter 74 et al of the current Texas Civil Practices and Remedies Code for the basic stautory law. Please note that these legislatively created statutes and\or their predecessors have been widely addressed by the common law. Those common law decisions are VERY complicated and are often misunderstood by some licensed legal practioners. Caution should be used in applying and\or relying on one's own interpretation of same !!!

Also bear in mind, Texas is a RED state. That means REPUBLICAN control. Generally speaking, that means Plaintiff's are classified as some sort of sub-species.

There has been a war on Medical Malpractice law and Medical Malpractice Plaintiffs since the late 1980s. That attack began with Gov. Bill Clements, continued with Gvv. Geo W. Bush and is currently still being heralded as "GOOD FOR BUSINESS" by Gov. Dick Perry.

Needless to say, the current state of the law is VERY anti-Plaintiff. The political\philosophical composition of the Texas Supreme Court and most of the 14 Courts of Appeal is very pro-insurance and very pro-medical community.

Good Luck if you are hurt by a doctor or a hospital within th eborders of this Great State. You should get aggressive experienced legal counsel immediately.

Read more
Answered on 8/04/09, 4:30 pm


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