By Angela Morris, Texas Lawyer, @AMorrisReports
A recently filed tort reform bill would take a step backward by actually limiting how past medical malpractice reforms apply to claimants.
House Bill 956 by Rep. Chris Turner, D-Grand Prairie, would make it clear that only a patient—or those who file a lawsuit on the patient’s behalf—can be claimants in a health care liability claim.
The bill would also ensure that a health care liability claim must be “directly related to health care.
“The term does not include claims arising from an injury to or death of a person who is not a patient, including employment and premises liability claims,” said the bill.
Turner did not immediately return a call seeking comment.
David Chamberlain, president of the Texas Chapters of the American Board of Trial Advocates, noted that the legislation is a response to a 2012 Texas Supreme Court case, Texas West Oaks Hospital v. Williams. The high court ruled that a claimant did not have to be a patient of a health care provider for his claim to fall under the Texas Medical Liability Act.
Chamberlain, senior partner in Chamberlain McHaney in Austin, said people were surprised over the ruling, and that Turner’s bill would clarify and narrow how the law applies.
“There has been some confusion over how far this goes, and there has been a lot of litigation over it. If we could calm the litigation and make it more clear about who is covered or who is not, that would be a good thing,” he said.
Read more: http://www.texaslawyer.com/id=1202716876558/Bill-Would-Limit-Health-Care-Liability-Claims#ixzz3QnOWRCF0