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You can but it is very difficult to do. Texas has passed enormous tort form legislation that has probably affected healthcare liability claims more than any other types of claims because the legislation that has been passed these claims take longer to pursue, there’s more procedural hurdles you have to overcome. Damages have been capped in wrongful death cases and it is very difficult but can still be done under the right set of facts and if there are enough damages to warrant the pursuit of that claim. You’re still going to have to reimburse the health insurance company first and that’s something that you have to look at when you’re screening any of those cases.
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Texas Personal Injury Attorney, Frank Lyle, talks about bringing medical malpractice claims in Texas. He explains that while it is possible, pursuing healthcare liability claims in Texas has become significantly challenging. The state has implemented extensive tort reform legislation, which has had a substantial impact on these types of claims. As a result, pursuing such claims takes longer, involves additional procedural hurdles, and damages in wrongful death cases have been capped. However, under specific circumstances and with substantial damages at stake, it is still feasible to pursue healthcare liability claims. It is important to note that reimbursing the health insurance company is a crucial consideration when screening and evaluating these cases.