Stories Id like to see

1. Ebola and malpractice tort reform:

As we all now know, the death of Dallas Ebola patient Thomas Eric Duncan was preceded by what might have been a fatal mistake made by emergency-room doctors or nurses at the Texas Health Presbyterian Hospital. Although he showed up at the hospital complaining of Ebola-like symptoms and reportedly told a nurse that he had just arrived from Liberia, he was sent home with antibiotics.

That mistake has already sparked widespread speculation about a malpractice suit that Duncans family could bring against the hospital and its staff.

However, in addition to the conventional legal questions about whether Duncans family could prove that his release and the delay in his treatment caused his death, the family has another problem: the law governing malpractice cases in Texas.

As this Reuters report notes:

In other words, tort reform in Texas means you cant sue a doctor or nurse for making a mistake, even a stupid, fatal one. Or even one that might end up causing multiple fatalities if Duncan gave the virus to others after he was allowed to leave the emergency room.

For me, that makes this case a great way to take another look at tort reform, from lots of angles.

Would polling tell us that most people think the erring doctor or nurse should be able to be sued? Or would polling tell us that people think Texas legislators were right to protect doctors, nurses and their hospitals from legal harassment by reining in the trial lawyers?

Indeed, the facts of this case seem to present a fresh way to debate whether doctors or nurses, who make honest mistakes under pressure in an emergency room, should be shielded from suits. Because for every suit involving an awful mistake like this one, there could be more suits involving honest judgment calls that turn out to be wrong. Or even turn out to be right but are brought because the outcome was tragic and the lawyers think they can force a settlement?

Texas tort-reform law has been on the books since 2003. Has emergency-room care in the state declined in any noticeable way because, as the plaintiffs lawyers always claim in fighting tort reform, doctors know they are not nearly as likely to be held accountable in court?

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Stories Id like to see