Serious Lawyers for Serious Injuries

Texas vs. Bowie

Published on Feb 5, 2019 at 11:39 pm in Medical Malpractice.

It’s no surprise that most professional athletes leave their career, and sport, with damage to their bodies – some short-term and some chronic. Ex-pitcher of nearly 10 years, Micah Bowie has been struggling to survive (as well as care for his family) due to a re-ruptured thoracic diaphragm. He is scarred on his right lung and his intestines were, at one point, inside of his left lung. Surgery after surgery, nothing has allowed him to return to living a normal, active life. He requires three liters of oxygen per minute just to keep with regular breathing. Placing some of the blame on Texas’ “doctor-friendly” medical malpractice laws, Bowie and his family are struggling to stay afloat.

The family says the running total thus far of their medical bills have made their way up to $500,000. Insurance has been able to cover the bulk of it, the family shares, but they are still facing around $30,000 annually in co-pays and deductibles. Of the Texas doctors that Bowie has consulted, they refuse to operate on him. They suggest that his condition is too risky to operate on and the likelihood of it going poorly are extremely high. Doctors also apparently refuse to prescribe him stronger medication for his writhing pain – of which he says will sometimes keep him up for three days straight, unable to sleep from the intensity. Where in this family’s trauma does the state of Texas or the MLB Association step in to help? So far, never. The MLB union has denied him disability benefits under the idea that his condition is not their problem, it is due to medical error. In reality, the family believes his condition is due in part to both his career as a pitcher as well as medical malpractice upon surgery.

Below is an overview of Texas’ Medical Malpractice laws and what is to be expected of a healthcare provider in the event that either malpractice or negligence occurs.

Malpractice or negligence in Texas occurs when, but not limited to:

  1. Misdiagnosis or failure to diagnose a condition;
  2. Delays in treatment or a failure to treat a condition;
  3. Wrongful death as a result of malpractice;
  4. Errors in prescriptions.

In the event that the above errors occur, Texas’ statute of limitations allows 2 years from the date of the negligent act or, if the act is indecipherable, then two years from the date that the patient’s treatment concluded. If the negligence or malpractice is not discovered until a later date, Texas’ statute of limitations allows a person to bring a case to court within 2 years of reasonably discovering the issue, up to 10 years from the date of the negligence. Patients in Texas may claim up to $250,000 in damages as set forth as Texas’ damage cap, unless there are multiple entities included in the claim which then increases the damage cap to $500,000.

We work to avoid situations like the one Bowie and his family are in – suffering emotionally, physically and financially due to the fault of large corporations and healthcare providers who are capped on the amount in which they can redress their mistakes. If you or a loved one are dealing with a medical malpractice or negligence case in Texas, call on the best representation available at Buckingham Barrera Vega Law Firm today. We put families first.

Meet Your Team

Free Legal Consultation

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Legal & Firm News

Can You Sue a Doctor for Pain and Suffering?

When you go to the doctor, you expect to be treated with the utmost care and expertise. Any deviation from the accepted standard of care for a patient with your condition could result in harm and may warrant the filing of a medical malpractice lawsuit. A medical malpractice lawsuit seeks to hold negligent medical providers […]

Read More

The Ultimate Guide to Holiday Fun in Houston – 2022 Edition

It’s finally that time of the year again when events celebrating the coldest season of the year are in abundance. There’s also an increased emphasis on spending time with friends and family members—gatherings that often center around good food. It’s also a time for gift-giving to let those around you know you care. It can […]

Read More

The Ultimate Guide to Holiday Fun in Albuquerque – 2022 Edition

With the holiday season rapidly approaching, it’s time to meet with friends and family and fill your calendar with all of the wonderful events going on in Albuquerque this year. Does the never-ending list of things to do and places to eat seem overwhelming, though? There’s no need to worry. Buckingham Barrera Vega Law Firm […]

Read More