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"Since her death, Fails has sought legal action to hold the hospitals accountable."
Wrong target. You go after the politicians who passed the law that killed your daughter.
If you close down all the hospitals with lawsuits, the politicians will be held accountable. One would hope, at least.
What are you talking about?
Are you saying that instead of suing the hospital, she should start up a PAC to go after hundreds of Texas state politicians...?
Because if you meant sue them for wrongful death, they are exempt. So even if they are more directly culpable in their daughter's death, she cannot bring direct legal action against them for that.
Criminal action. They directly killed her daughter.
It's indirect.
You are aware that legislatures cannot be held directly criminally responsible for the laws they pass, right?
I'm not disputing that their actions killed their daughter, I'm trying to explain to you that they cannot be held legally responsible in the manor you're suggesting.
Shouldn't stop anyone from trying. The press alone would be worth it.
There wouldn't be any press....
No lawyer would take the case. Hell, a lawyer might even get sanctioned for even attempting to file it.
This isn't like an uphill legal battle where there's a process that can draw attention. It's a non-starter.
Pretend you file a lawsuit by filling out a form online, but whenever you try and submit this lawsuit, it goes to 404 not found. You're suggesting they spend thousands of dollars, for a 404 error.
However, suing the hospital, is a very long and drawn out legal process.... So if your goal is to bring attention to the issue, well there you have it.