Lawmaker: Employment Lawsuit Isn't Health Care Claim
"Rep. [Kenneth] Sheets' bill does a good thing, but it only goes partway," said Bryan Blevins, president of the Texas Trial Lawyers Association. "We'd like to see it go further. We think the problem is bigger."
April 27, 2015 at 02:00 PM
4 minute read
A House committee unanimously passed a bill that would slightly curb the application of past medical malpractice reforms. But some observers feel that lawmakers should do more.
House Bill 1403 would change the definition of a “health care liability claim” to exclude certain types of claims under the Texas Workers Compensation Act by an employee—or a deceased employee's survivors—against his employer. Current law requires the medical malpractice plaintiff to serve an expert report on the defendant. HB 1403 would add an extra requirement for the expert report.
“The report must address at least one theory of direct liability asserted against each physician or health care provider against whom a theory of direct liability is asserted,” said the bill.
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