Texas House Bill HB1956

Texas 2009 - 81st Regular

Caption

Relating to the recovery of medical or health care expenses in civil actions.

Impact

If passed, HB 1956 would alter the landscape of medical malpractice litigation in Texas. By capping recoverable expenses to what has been paid or incurred, it aims to create a more predictable environment for defendants in health care liability claims. Proponents argue this change will mitigate potentially inflated claims and focus on actual incurred expenses, fostering a fairer judicial process for health care providers while providing clarity on economic damages associated with personal injury and medical liability cases.

Summary

House Bill 1956 seeks to amend Section 41.0105 of the Civil Practice and Remedies Code relating to the recovery of medical or health care expenses in civil actions. The bill stipulates that the recovery of such expenses is limited to the amount actually paid or incurred by or on behalf of the claimant. This limitation applies specifically to health care liability claims under Chapter 74, thereby affecting the financial recoveries available to plaintiffs in cases involving medical malpractice. The bill does not restrict claims for future medical or health care expenses, allowing them to remain unaffected under the new provision.

Contention

Despite its intentions, the bill has faced critique from various stakeholders within the health care and legal communities. Opponents express concerns that limiting recovery to actual incurred expenses might undermine the deterrent effect of significant damages awards, potentially leading to complacency among health care providers regarding safety and quality of care. Critics argue that simplifying expense claims in this manner could adversely impact patients, particularly those who have not received adequate care and may face substantial financial burdens as a result. As the bill progresses, discussions will likely center around the balance between protecting medical providers and ensuring just compensation for individuals harmed by inadequate health care.