The articles reports "Marks alleged that a broken footboard on his hospital bed led to his fall and that he should be entitled to sue St. Luke’s for unlimited damages with a so-called “premises liability” claim. The hospital argued the Marks incident involved medical care and should fall under Texas’ medical malpractice law — which requires a timely expert report and caps damages for pain and suffering at $250,000."After many years of struggle the case was finally declared to be under the "medical malpractice law”. The argument was if the bed was a part or integral to Marks's health care and more so there was no expert who would write down the report. The final judgement however came in favor of Marks and did qualify the bed as an integral to the health care. Moreover the case argues if a person claiming medical liability would have to find a maintenance person to write down an expert report even for slipping on a wet floor.
The reason that I chose this article and why I would personally suggest this to my fellow classmates is because it raises a very important and sensitive issue. Health care in Texas is a complex issue and an important one and needs to be addressed as the complexities need to be solved and innovative and creative solutions need to be thought of. I raise this issue as it concerns all of us and any solution would be a solution to a problem all of us face. With this one article about one particular case, I want to point out that the laws regarding healthcare need to be revised and it has to be done urgently. I would say it is a LIABILITY for us. :)
