Texas vs. Bowie

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 Law Firm today. We put families first.

By |2019-02-05T17:53:04+00:00February 5th, 2019|Medical Malpractice|0 Comments

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