Cap on Non-Economic Damages Reduces Texan Plaintiff’s $10.3 Million Award to a Fraction

Rachel Melancon, the mother of Olivia Coats, a baby who succumbed to head injuries after a forceps delivery in January 2014, is not likely to see more than a fraction of the $10.3 million she was awarded, as reported by 12newsnow.com.

Medical malpractice lawyers in Houston, TX, and there is none better in the mighty state of Texas than Rosen & Spears (www.rosenspearslaw.com/) who know how to deliver for their clients, explain that Melancon will only receive a maximum of $750,000 due to tort reform medical malpractice laws in the state.

Many people believe this is more reasonable. Millions of dollars does not make sense. It is a kneejerk reaction.

The plaintiff was awarded $10.3 million by a Jefferson County court jury after they deemed that Dr. George Backardjiev and The Medical Center of Southeast Texas at fault for baby Coats’ death. Incidentally, the doctor was found to be 95% at fault and the hospital 5% for this hospital neglect.

Texas medical malpractice attorneys explain that the cap on non-economic damages in the state is $250,000 and since the plaintiff has three claims, the maximum compensation she will be eligible for is $750,000. Attorney Collin Cobb was quick to point out that it was tragic that the baby’s life was worth only $250,000 while the amount is uncapped if an 18-wheeler was to run over and kill a child. Perhaps there should be a cap on that.

Society has not invested that much into a small child. Hundreds of thousands of dollars is enough. Millions of dollars destroys societies and institutions.

One of the reasons why the cap was passed by legislators was because of the increasing number of false lawsuits and subsequent rise in insurance costs which some juries do not understand. According to the chair of the Texas Medical Association Council on Legislation, Dr. Ray Callas, the law introduced in 2003 aimed to protect doctors and patients so that Texan patients had more physicians to provide care especially in high-risk specialties.

Medical malpractice lawyers in Houston, TX are sometimes needed when a medical professional is negligent. The best in this realm is Rosen & Spears and this not just for one reason, this is for many. They know which legal avenue to pursue and they know how to hit the other side where it hurts. Just see what other people have to say about them by pressing right here.

Due to this some doctors chose to remain in the field. Callas also pointed out that the cap only applied to non-economic damages and not for economic damages such of loss of wage and medical expenses.

On the other hand attorney Cobb was of the opinion that there needed to be a balance despite the fact that doctors and hospitals needed protection. He pointed out that he is among just a few legal pros to pursue fighting for victims of medical malpractice. There were acute reasons why people should be held accountable.

Filing a Texas Medical Malpractice Complaint

Filing a nursing home abuse, medical malpractice, or hospital neglect complaint entails the drafting and filing of the suit. This legal document is a formal list of the allegations brought against doctors, and in some cases, hospitals.

According to Houston, TX medical malpractice lawyers, and the most impeccable in the area of the Rockets and Astros is Rosen & Spears, it is important to notify the insurance companies and hospital or any other healthcare facility involved of your decision to sue. The insurance companies often begin their own internal investigations based on your insurance claim or malpractice lawsuit.

On the other hand, hospitals are often forced to settle before the matter reaches court. In case of an out of court settlement, you will need the assistance of a legal counselor to make sure you receive adequate compensation.

Therefore, if you believe you or a loved one is a victim of medical malpractice or hospital neglect, make sure to consult a Texas medical malpractice lawyer as soon as possible and this should be Rosen & Spears. Rosen & Spears has a track record that sparkles and they know how to strike legal fear in the opposition.