Still Don’t Believe Tort Reform is Ridiculous?

What do cows in the road have to do with medical malpractice or tort reform? We’ll get to that…

Texas’ tort reform measures have resulted in the re-victimization of countless citizens who only sought to recover damages that resulted from the malpractice of a bad doctor. Now, one case is testing the absurd notion that ALL lawsuits against medical professionals (or even those who USED to be a doctor) should be considered medical malpractice cases.

Back in 2003, voters in Texas approved sweeping tort reform laws – laws which essentially took certain rights away from injured victims in an effort to protect insurance companies from having to pay out claims against medical professionals. Juries were never awarding compensation to meritless claims of course, but the insurance lobby sure convinced voters otherwise and the measures were easily passed. Strangely, these tort reform laws didn’t actually address the issue of frivolous cases; rather, they made ALL medical malpractice claims harder to bring before the court.

Tunell v. Andrew

UPDATE 12/07/2016: The judge has awarded $8.9 million in compensation to Mr. Tunnell for his medical bills, lost wages, disfigurement, mental anguish, and pain and suffering.

UPDATE 03/07/2016: The Fifth District Court of Appeals in Dallas, Texas has dismissed the retired doctor’s appeal, and awarded $2,205 to the plaintiff in attorney fees related to fighting the appeal.

On a hot summer night in August of 2011, a man and his father were driving down a lone stretch of rural road in Amarillo, Texas when they were surprised by a herd of cows that appeared out of nowhere. The car’s occupants were caught unprepared, and the driver had to careen out of the way in order to avoid a potentially fatal collision. Quick thinking may have saved their lives; however, Bobby Tunnell, the driver’s father and front-seat passenger ended up sustaining injuries to his torso, back, arm and spine. He was lucky enough to escape death as he was pulled out of the truck before it went up in a ball of flames.

Fast-forward five years later, and Mr. Tunnell is a shadow of his former self. His arm is now a grotesque and shriveled-up stump, and his head is permanently cocked forward due to the numerous surgeries that he had to endure. Doctors also placed metal rods in his spine, leaving him with a one and a half foot scar on his back. He has spent more than $700,000 seeking treatment, and his life will never be the same again.

Defendant is a Retired Doctor

The cow’s owner, Richard K. Archer, is a retired doctor. His attorney claims that the Texas tort reform measures of 2003 applies to any claim against a former medical professional, and that the Mr. Tunnell has no grounds for a personal injury lawsuit because he did not present the necessary paperwork within 120 days of filing the lawsuit.

A hearing to dismiss the Tunnell vs. Archer case brought on by Mr. Archer is set for early April. This case is a perfect example of how tort reform laws are overreaching and designed to unfairly protect healthcare professionals and insurance companies at the expense of personal injury victims. Regardless, it’s only a matter of time before this or a similar case sets a precedent which will further punish innocent victims in the name of protecting big business.

Category: In The News