Tuesday, March 22, 2011

Legislative Update

Friday, March 11 was the deadline for Texas legislators to file bills and resolutions.  Two bills of note to medical malpractice attorneys are:

HB 2452 (Zedler). Requires a health care institution owned by the state or a political subdivision of the state to provide written notice of the liability limits applicable to that institution in a health care liability claim; (2) the liability limits that would be applicable to a private institution; and (3) whether the physician or health care provider has liability insurance and the limits of that insurance.

HB 274 (Creighton) and SB 13 (Huffman) Allows the prevailing party to recover litigation costs, including attorney’s fees, travel expenses, fees for two expert witnesses, and court costs. If the claim is determined to be an abusive civil action, the attorney can be jointly and severally liable for the costs.

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