KDFW by Becky Oliver
"Proposition 12 protects your family," said Anita Perry in a television commercial.
But did it? The reform put caps of $250,000 on non-economic damages like pain and suffering. That means people who don't work, like the elderly, babies and stay-at-home parents are limited even if they win a malpractice lawsuit.
Perry called it a win for Texans and during his presidential run he claimed much-needed doctors were coming to Texas.
"This last year, 21,000 more physicians [are] practicing medicine in Texas because they know they can come there and do what they love and not be sued frivolously," Perry said.
But within days Politifact, a government fact checking project run by the Tampa Bay Times, reported Perry was "flat out wrong." It said his numbers were off by almost 8,000.
With the courthouse doors being closed off to so many, Fox 4 questioned who are the winners and the losers.
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"Someone needs to stand up and say this has got to stop," said Bill Putnam.
Every Sunday for the past three years, Bill and Kelly Putnam of Frisco take to the streets in front of the Signature Point Nursing Home.
They say a nurse forced medicine into Kelly's dad's feeding tube using a syringe. The liquid went into his lungs. The state licensing authority found "no deficiencies" and the home says, "No evidence to substantiate the Putnam's claim."
But the Texas Board of Nursing found the nurse involved committed numerous medical errors and the home directed the nurse to change her medical records which may have been intended to "deceive or mislead." The home disagrees with the nursing board's findings.
"The people we were supposed to be protecting are the ones we've thrown under the bus," said Bill Putnam.
The Putnams don't believe the value of a human life should be based on a paycheck.
"We threw legitimate lawsuits out the door," Bill Putnam continued.
"It is holding a person accountable for their actions," said Kelly Putnam. "We never had a clue that tort reform would have an impact on our life like this. It can happen to anybody."
The Bernals struggle to get the best care for their daughter Kaylee. After complications at birth, she cannot walk or talk. Now they have to depend on Medicaid so taxpayers foot the bill.
"All we are trying to do is make the best of a bad situation with our daughter," said Robert Bernal. "We should leave it up to a jury to make these decisions."
And the memory of baby Ava and the pain of losing her will live with the Dickersons forever. The Texas Board of Medical Examiners found their doctor, who is a specialist, "failed to recognize and diagnose" their baby's congenital diaphragmatic hernia during an ultrasound.
That failure "left the [mother] with no opportunity to seek treatment for the fetus." The board fined him and ordered him to get more training. For the Dickersons, it felt like a slap on the wrist.
"We feel like it is going to be overlooked," said Jennifer Dickerson. "It has completely changed our lives."
The Dickersons didn't just lose their daughter; they feel like the court house doors were shut in their face.
"Like the insurance companies rule the world," said Todd Dickerson. "They won, and they don't care," added Jennifer Dickerson.
Kelly and Bill Putnam are not just speaking out, they are organizing. They are building a website and say they will continue to picket every Sunday, the day Kelly's dad died.