Texas Companies Would Prefer to be Sued for Medical Malpractice?
side note: This story really hits home how successful medical malpractice tort reform has been in Texas. In this case, the provider of laser hair removal is arguing that a claim against it should be considered “medical malpractice” and not an ordinary claim of negligence. Why would the provider of laser hair removal WANT to be charged with a claim of medical malpractice? Because in Texas, medical malpractice claims carry many more stringent procedural requirements — like producing an expert report within 120 days of filing a claim — than a normal negligence claim. Crazy story, isn’t it?
by Andrew Skemp
Texas Courts of Appeals have issued two conflicting opinions in recent weeks dealing with whether laser hair removal is an ordinary claim for negligence or medical malpractice. The distinction is significant in Texas because of the stringent procedural requirements for Plaintiffs in bringing a medical malpractice case, including producing an expert report within 120 days of filing a petition.