Fri
Sep 12 2008
10:54 am
Case study in tort reform
By: R. Neal

Related to the landmark Tennessee Supreme Court decision that expands the class of persons protected from negligent exposure to hazardous workplace materials, there's a similar case in Texas which highlights one of the many problems with tort "reform":

Judge: Former Alcoa employee’s lawsuit can proceed

Alcoa argued that, because it couldn’t be proved that the company tried to intentionally harm Farwell’s client, there was no claim and moved for summary dismissal on those grounds. Under Texas law, an employee can only sue for intentionally causing harm, not negligence, while they are alive. Only after an employee dies can survivors make a claim, and then only for punitive damages, which are capped in Texas.

Tort "reforms" take away your rights to pursue justice, plain and simple. And say what you want about trial lawyers, until you need one. They are frequently the last, or only, line of defense between big corporations and average citizens, and the only way many can get justice.

Topics:
Mello's picture

Lamar and new-clear workers

Submitted by Mello on Fri, 2008/09/12 - 11:50am.

When this was announced the other day I could not help but wonder if it had any anything to do with the Alcoa case. I still wonder. (link...)

I also need to ask you R. just how we can even really talk about this? I want nothing more than this family to get the fair trial they deserve so how can we talk about it knowing what we know with related Blount County issues?

When I read the pdf several things jumped out at me including those 'friends' of Alcoa such as The US Chamber of Commerce, National Association of Manufacturers, National Federation of Independent Business Legal Foundation, American Chemistry Council, Property Casualty Insurers Association of America, and National Association of Mutual Insurance Companies.

Please help me understand how to talk about this without hurting the family and yet being able to explain this case has far larger implications than little old Blount County and one of their largest employers?

Frances's picture

Problems with Tort Reform--Can anyone help?

Submitted by Frances (not verified) on Wed, 2010/04/14 - 10:39pm.

Does anyone know of a way to combat a negative decision by the Texas Medical board? I’ve been searching the internet for 2 hours and have found nothing! People on this board seem very informed, so I’m hoping someone will have an idea. My brother almost died because he was discharged from the hospital with an undiagnosed concussion and pneumonia 2 days after a car hit his motorcycle.

His family tried to get the hospital to not discharge him as it was evident to them that he was delirious. The hospital discharged him anyway. His family immediately drove him to Dallas, 2 hours away. He was diagnosed with pneumonia and a concussion and stayed in the second hospital 2 weeks. He sent this evidence to the Texas Medical board. He also sent both medical chart evidence and witness testimony that the doctor lied about seeing him on the day he was discharged.

The Texas Medical Board took 9 months to decide they would not let him sue the doctor for malpractice. In the Texas Medical Board letter, it states, “Dr. R--- provided treatment that met the standard of care and his billing was appropriate.”

The 9 months of time ate up his statute of limitations and now he only has 6 weeks to appeal their negative decision.

(My brother was wearing his helmet. The accident was ruled by the police to be entirely the automobile driver's fault--These are beside the point of dealing with the Texas Medical Board, but people always seem to want to know these things)

Any ideas would be much appreciated.

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