TX: Ebola Lawsuit Unlikely

Thomas Eric Duncan died of Ebola in Texas on Wednesday.  Several news stories have discussed the possibility of success of a hypothetical med mal suit in the case.  Experts consider it unlikely.  Texas has a “willful and wanton” standard for liability in emergency medicine cases; it also has a cap on non-economic damages.  As a result, a case is not likely attractive to plaintiffs’ lawyers.  This would be especially true given the difficulty of proving causation:  Ebola has no known cure.  Stories are here:  NBC News (quoting Charles Silver and Seth Chandler); EaglefordTexas.com (quoting Joanne Doroshow, Silver and Dallas plaintiffs’ lawyer, Les Weisbrod).