Articles Posted in Texas

Jeremy Roebuck of The Monitor in South Texas writes an interesting article about, unlike Friday’s blog post, Allstate going on the offensive against abuses in the personal injury system.

In this case, Allstate has brought a fraud lawsuit against a group of Rio Grande Valley chiropractic clinics and their lawyers, claiming that they improperly recruited personal injury victims, suggested patients undergo unnecessary treatments, and then persuaded their patients to file personal injury lawsuits against Allstate.

Allstate alleges the clinics, Chiropractic Strategies, has telemarketers that encourage people to visit their clinics for a free evaluation. Once there, Allstate claims they were are diagnosed with injuries they did not have and overtreated for the injuries they did have. The article does not say but I’m assuming they are calling people who have been in auto accidents based on looking at police reports or some other means to find injury victims.

Eleven plaintiffs, including former Dallas Cowboy Ron Springs, filed a class-action lawsuit yesterday challenging the Texas Medical Malpractice and Tort Reform Act as unconstitutional.

I suspect this argument will fail miserably. I think the effort to solve the medical malpractice cap problem in Texas is through the Texas Legislature. Hopefully, the Texas Trial Lawyers Association is marshaling a quality effort to convince the Texas Legislature that they have gone down a path that has seriously compromised the basic rights of people who have been seriously injured as the result of medical malpractice in Texas.

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