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Texas also has "tort reform", limiting you to a maximum of $250k in damages. Good luck suing a big hospital for malpractice, you gotta pay the lawyer too out of

Texas also has "tort reform", limiting you to a maximum of $250k in damages. Good luck suing a big hospital for malpractice, you gotta pay the lawyer too out of that $250k.

mandmandam 2y ago
> you gotta pay the lawyer too out of that $250k On average, a medical malpractice case might require anywhere from 500 to 1,000 hours of legal work, with more complex cases potentially requiring over 2,000 hours. Average lawyer cost in 2022 was $313/hr. So we're basically looking at, generously, 750 hrs x $300, or $225k to the lawyer. And that's just one side - the hospital presumably pays near the same. ... Huh. Once again, I am stunned at the American legal system being so obviously and cartoonishly evil.
- arcticbull 2y ago
  The Texas legal system to be specific.
  - ToValueFunfetti 2y ago
    Texas is probably limiting malpractice suit damages because they are a significant contributor to our insane healthcare costs. The math above where a hospital is out a minimum of $200k for any suit that isn't thrown out is not restricted to Texas; this is a national issue with some Texas duck tape slapped on.
    - vkou 2y ago
      They are more likely limiting malpractice suit damages because hospitals and clinics donate to political campaigns, but people hurt by medical malpractice don't. The end result is that doctors are essentially lawsuit-proof (as the minimum cost of a suit exceeds the maximum possible recovery) in Texas, and you have no recourse if yours was at fault. It's a beautiful system.
    - blackeyeblitzar 2y ago
      That’s a good argument for it that I didn’t think of. But I can’t help but think this was likely just some business friendly thing that was lobbied for under the misleading label of “reform”
      - vkou 2y ago
        It's an argument that hasn't borne out in practice. Texas medical costs are lock-step with the lest of the country. Texas malpractice rates are leading the country.
0xcde4c3db 2y ago
I hope that limit only applies to punitive damages. For medical malpractice in the US, actual damages could easily exceed $250k.
- phonon 2y ago
  https://crosleylaw.com/blog/texas-personal-injury-law-changes-texas-tort-reform/#:~:text=Tort%20Reform%20in%20Texas&text=Examples%20include%20pain%20and%20suffering,cap%20was%20set%20at%20%24250%2C000 https://crosleylaw.com/blog/texas-personal-injury-law-change....
- voxic11 2y ago
  The cap applies to actual damages, specifically non-economic actual damages such as pain and suffering, mental anguish, and loss of companionship. It does not apply to economic actual damages such as lost wages and medical costs. Before tort reform punitive damages were already capped in Texas at a value twice the amount of economic damages plus the amount of non-economic damages, so tort reform does also have a effect of sometimes reducing punitive damages.

Texas also has "tort reform", limiting you to a maximum of $250k in damages. Good luck suing a big hospital for malpractice, you gotta pay the lawyer too out of that $250k.

mandmandam 2y ago

> you gotta pay the lawyer too out of that $250k On average, a medical malpractice case might require anywhere from 500 to 1,000 hours of legal work, with more complex cases potentially requiring over 2,000 hours. Average lawyer cost in 2022 was $313/hr. So we're basically looking at, generously, 750 hrs x $300, or $225k to the lawyer. And that's just one side - the hospital presumably pays near the same. ... Huh. Once again, I am stunned at the American legal system being so obviously and cartoonishly evil.

arcticbull 2y ago
The Texas legal system to be specific.
- ToValueFunfetti 2y ago
  Texas is probably limiting malpractice suit damages because they are a significant contributor to our insane healthcare costs. The math above where a hospital is out a minimum of $200k for any suit that isn't thrown out is not restricted to Texas; this is a national issue with some Texas duck tape slapped on.
  - vkou 2y ago
    They are more likely limiting malpractice suit damages because hospitals and clinics donate to political campaigns, but people hurt by medical malpractice don't. The end result is that doctors are essentially lawsuit-proof (as the minimum cost of a suit exceeds the maximum possible recovery) in Texas, and you have no recourse if yours was at fault. It's a beautiful system.
  - blackeyeblitzar 2y ago
    That’s a good argument for it that I didn’t think of. But I can’t help but think this was likely just some business friendly thing that was lobbied for under the misleading label of “reform”
    - vkou 2y ago
      It's an argument that hasn't borne out in practice. Texas medical costs are lock-step with the lest of the country. Texas malpractice rates are leading the country.

0xcde4c3db 2y ago

I hope that limit only applies to punitive damages. For medical malpractice in the US, actual damages could easily exceed $250k.

phonon 2y ago
https://crosleylaw.com/blog/texas-personal-injury-law-changes-texas-tort-reform/#:~:text=Tort%20Reform%20in%20Texas&text=Examples%20include%20pain%20and%20suffering,cap%20was%20set%20at%20%24250%2C000 https://crosleylaw.com/blog/texas-personal-injury-law-change....
voxic11 2y ago
The cap applies to actual damages, specifically non-economic actual damages such as pain and suffering, mental anguish, and loss of companionship. It does not apply to economic actual damages such as lost wages and medical costs. Before tort reform punitive damages were already capped in Texas at a value twice the amount of economic damages plus the amount of non-economic damages, so tort reform does also have a effect of sometimes reducing punitive damages.