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Never Events: Why Justice Eludes Texas Patients
21 Oct
Summary
- Texas hospitals report around 200 "never events" annually.
- Malpractice laws cap damages, limiting patient compensation.
- Legal hurdles make it difficult for patients to find attorneys.
Severe surgical errors, known as "never events," are occurring with concerning frequency in Texas, with hospitals reporting around 200 such incidents annually. These range from wrong-site surgeries to retained objects, leaving patients to grapple with devastating consequences. However, seeking justice in Texas is complicated by aggressive malpractice laws that cap patient compensation for pain and suffering.
These legal caps, originally intended to control insurance costs, often make it economically unfeasible for attorneys to pursue cases for injured patients. This creates a significant hurdle, sometimes described as "blocking the courthouse door," leaving many victims struggling to find legal representation and adequate recourse. The focus on economic damages means those without substantial lost wages or medical bills face even greater challenges.
Patient safety advocates argue for greater accountability, while legislative efforts to index caps to inflation have faced resistance. The debate continues over balancing patient rights with the need for medical liability reform, as "never events" persist despite efforts to improve surgical safety protocols and foster a culture of accountability.
