Last month, a jury in Boston Massachusetts awarded over $16,000,000.00 to a plaintiff, after a radiologist failed to diagnose the plaintiff’s mother with lung cancer from an x-ray the doctor had taken a little over 18 months before the patient died. This case begs the question: could a similarly-large verdict be assessed against a doctor here in Texas?
Thankfully, large awards against doctors have become relatively rare in Texas. This is primarily the result of successful tort reform that capped the amount of non-economic damages in a medical malpractice case to $250,000.00, and recent Texas Supreme Court decisions which have further limited the amount of medical expenses plaintiffs can present to Texas juries. While these reforms have made extremely large dollar verdicts rare in Texas, juries are still willing to award massive sums to Plaintiffs against doctors who they believe fail to provide adequate care to their patients. To avoid a similar outcome, physicians need experienced attorneys capable of taking advantage of the favorable legal landscape for defendants in Texas malpractice cases. Additionally, a physician would be wise to take advantage of the sophisticated estate and asset protection techniques a lawyer can provide, to help protect the physician and the physician’s family from the effects of an adverse jury verdict. At Criss & Kraft LLP our attorneys have the experience and expertise necessary to prevail at trial in a medical malpractice case and to help physicians protect themselves and their families just in case.
For more information and details about the case above check out the local newspapers account of the case: http://www.bostonglobe.com/metro/2014/06/29/overlooked-lung-cancer-results-million-verdict-against-radiologist/rbFZ4e94nIeH57r46ixVSL/story.html