http://www.jeffrasansky.com/2012/04/texas-juries-disappearing-%e2%80%93-what-keeps-civil-cases-out-of-the-jury-box/ Dallas Personal Injury Lawyer Thu, 09 Mar 2017 03:44:56 +0000 hourly 1 http://wordpress.org/?v=3.6.1 http://www.jeffrasansky.com/2012/04/texas-juries-disappearing-%e2%80%93-what-keeps-civil-cases-out-of-the-jury-box/#comment-343 Tina Sun, 23 Sep 2012 02:47:16 +0000 http://www.jeffrasansky.com/?p=511#comment-343 I would be curious to know how many med mal cases in Texas have gone to jury trial since 2003, and further, what percentage are wrongful death? Also, what were the ages of the plaintiffs?
I would not be surprised to discover that
since 2003 there have been no elderly wrongful
death med mal jury trials. And without a jury trial,
there is no possibility of punitive damage award.
And with the cap so low for med mal wrongful death,
even if punitive damage is awarded, it’s
monetary impact to act as a deterant for fraud or malice etc, is meaningless.
So, not only has tort reform in it’s present form made a mockery of justice, it has denied and discriminated against victims of med mal and has
crippled the ability of the judicial system to use exemplary damages to thwart fraud against the community.
Personally, I believe long term consequences
of tort reform in Texas have been devastating…
and the individuals and groups who have “silenced” the voices of the victims of the ever increasing problem of medical errors have done so with complete
disregard for the rights and safety of Texans.
At no time have I heard a sane discussion about the truth and the real problem
…that decreasing medical errors will decrease
malpractice premiums. Period. What we put in place with tort reform is a system that encourages mistakes by virtually eliminating consequence or responsibility in the medical and judicial system.

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