TCEP supports Texas EM physician in lawsuitTCEP continues to protect ER Physicians...this time in the Courts. Although our efforts to preserve Tort Reform protections in medical malpractice cases usually takes place at the Texas Legislature, TCEP has weighed in at the Texas Supreme Court in a pending medical malpractice case against an ER physician. In the case of Dunnick v. Marsillo, the trial court correctly dismissed the ER physician from the case after determining there was no evidence she was grossly negligent in her treatment of a minor that suffered from a rattlesnake bite. Unfortunately, the Court of Appeals reversed that dismissal and ordered the case to trial. The Physician has appealed the reversal to the Texas Supreme Court. The Texas Alliance for Patient Access, of which TCEP is a member, filed an amicus brief in support of the ER physician. However, after discussions with TAPA's General Counsel and ACEP, TCEP decided to file an additional amicus brief in support of the physician. This is an important issue because Physicians shouldn't be forced to trial unless there is credible evidence of gross negligence in an ER case. The time, expense and emotional toll of a trial should not be taken likely. TCEP is proud to defend the practice of emergency medicine in Texas in cases where unfavorable legal precedents might be set, including the recent reversal from the Court of Appeals. We will update our membership as the appeal goes forward and hope for a favorable ruling later this year. |