Stacy Rojas was declared brain dead one month before Zoe Rojas’ birth. The mother was kept on life support to save their daughter’s life. Two days after Zoe was born, Mr. Rojas said goodbye to his wife forever.
For two days, a pregnant Mrs. Rojas endured vomiting and excruciating headaches. Mr. Rojas said doctors downplayed her symptoms and suggested Tylenol and heating pads.
But soon, a blood vessel in Mrs. Rojas’ brain ruptured, rendering her brain-dead
“I can just remember sitting with the neonatal intensive care doctors and they are trying to talk you out of going through the life support with Stacy to bring her to term,” Rojas said. “I am glad we did it because they were all wrong.”
While Zoe is the story’s happy ending, Mr. Rojas said there was no happy ending to a lawsuit he brought against his wife’s doctors. The suit was settled for $200,000.
“This is a case that should have been worth $1.6 million,” said Les Weisbrod, Rojas’ attorney.
But in Texas, there is no legal requirement for doctors to carry medical malpractice insurance. Combined, the two doctors involved, along with their practice, carried a total of $200,000.
Legal Analysis: Doctors are trying to game the malpractice payment system by deliberately carrying low med mal insurance coverage.
It is extremely difficult to bring a med mal lawsuit in the State of Texas since the tort reform bill that was passed in 2003. There are statutory caps of $250,000 for pain and suffering. And now, to add further insult doctors are carrying lower amounts of insurance, which means in order to suceed in a med mal case you have to go after the doctor personally assuming you are successful in litigation and all the appeals.
It just makes med mal case economically unviable, unless there is a catastrophic injury and clear liabilty. After all a known complication of a proceedure or treatment is not negligence.
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, bad product, toxic injury etc then please contact the Dallas Texas Personal Injury Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.