JQPublic1
Gold Member
- Aug 10, 2012
- 14,220
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Never allow your self or your loved ones to be admitted to a Texas medical center. If you get an inexperienced doctor or someone who is just plain incompetent, you cannot sue them later...that is ....if ...you survive... BTW your relatives can't sue either should you succumb as a result of the doctors ineptness. That might change... read on...
New Mexicans living near the Texas border are flown by helicopter to Lubbock Texas in case of an emergency. That is a problem. Under New Mexico law, a patient can sue a physician for malpractice. But , do New Mexicans waive that right to sue if, for instance, a surgery is botched?
That question is at the center of controversy in an on going case where a NM woman sued a Texas doctor for malpractice.. The woman, having no recourse in Texas , took her case to the New Mexico courts and they listened.
Kimberly Montano filed a lawsuit in 2011 claiming she suffered abdominal pain shortly after her 2004 surgery. She says Dr. Frezza , theTexas bungler,told her discomfort was normal, but her pain became so severe she was admitted to other medical centers multiple times until in 2010 she had a surgery to repair damaged caused by her initial surgery.
One NM senator puts it this way;
“While New Mexico has developed a public policy favoring recovery for injured parties, Texas has done the opposite, developing a system of medical liability laws hostile to its citizens injured as a result of medical negligence,” the trial lawyers argue. “The merits of Texas’ choices are not at issue here . but New Mexico has made different choices.”
The bottom line is that the NM district court is claiming that although the surgery took place in Texas. the pain and suffering occurred on NM soil and thus falls within the purview of NM law. The New Mexico District Court is a Federal Court so it has clout even in Texas.
The attorneys for the accused doctor are , naturally , opposed to being held accountable as indicated under Texas law.
But even with a win for Montano., there is a caveat for everyone living in eastern NM.Texas doctors may refuse to treat patients from NM for fear of being sued. They don't want to accept accountability for any errors or incompetence. They just want to do as they wish without any repercussions if they are bad doctors. That threat , though, may also backfire on them.... They cannot, refuse to treat seriously ill patients. That is a criminal act and may incur even more federal court actions as a violation of civil rights.
NM vs. Texas – whose law wins?
New Mexicans living near the Texas border are flown by helicopter to Lubbock Texas in case of an emergency. That is a problem. Under New Mexico law, a patient can sue a physician for malpractice. But , do New Mexicans waive that right to sue if, for instance, a surgery is botched?
That question is at the center of controversy in an on going case where a NM woman sued a Texas doctor for malpractice.. The woman, having no recourse in Texas , took her case to the New Mexico courts and they listened.
Kimberly Montano filed a lawsuit in 2011 claiming she suffered abdominal pain shortly after her 2004 surgery. She says Dr. Frezza , theTexas bungler,told her discomfort was normal, but her pain became so severe she was admitted to other medical centers multiple times until in 2010 she had a surgery to repair damaged caused by her initial surgery.
One NM senator puts it this way;
“While New Mexico has developed a public policy favoring recovery for injured parties, Texas has done the opposite, developing a system of medical liability laws hostile to its citizens injured as a result of medical negligence,” the trial lawyers argue. “The merits of Texas’ choices are not at issue here . but New Mexico has made different choices.”
The bottom line is that the NM district court is claiming that although the surgery took place in Texas. the pain and suffering occurred on NM soil and thus falls within the purview of NM law. The New Mexico District Court is a Federal Court so it has clout even in Texas.
The attorneys for the accused doctor are , naturally , opposed to being held accountable as indicated under Texas law.
But even with a win for Montano., there is a caveat for everyone living in eastern NM.Texas doctors may refuse to treat patients from NM for fear of being sued. They don't want to accept accountability for any errors or incompetence. They just want to do as they wish without any repercussions if they are bad doctors. That threat , though, may also backfire on them.... They cannot, refuse to treat seriously ill patients. That is a criminal act and may incur even more federal court actions as a violation of civil rights.
NM vs. Texas – whose law wins?
