Melissa Casey, a former plaintiffs' attorney in Texas, said that clients are sometimes pressured into undergoing unnecessary surgeries to increase the value of legal settlements. This statement was made during a legislative hearing on March 31.
"Clients will call basically in tears, like, I don't really want this surgery and I know you're going to be mad at me," said Casey, Former Texas Plaintiffs Attorney. "They are then forced to sign a document from the plaintiff's attorney that says, I know my case is worthless, but I just really don't want this surgery. It shouldn't be a matter for the lawyers to determine, yes, this client needs surgery, go get surgery because it'll up the value of the case. That hurts every Texas consumer, including the ones who are injured."
Senate Bill 30 (SB 30), passed during Texas's 88th Legislative Session, aims to reform litigation practices by prohibiting attorneys from directing or pressuring clients into unnecessary medical procedures solely to increase settlement values. The bill also includes provisions to strengthen informed consent protocols and limit third-party influence over medical decisions in personal injury cases. SB 30 has been positioned as a response to growing concerns over lawsuit abuse and its effects on healthcare costs and client autonomy.
According to the Texas Department of Insurance, medical malpractice claim payouts rose to $238 million in 2021, marking a 12% increase compared to $212 million in 2020. The report highlights that average per-claim payouts also grew, indicating a trend of higher financial exposure for insurers and providers. These increases have prompted closer scrutiny of litigation practices and medical billing in personal injury cases.
Data from the National Practitioner Data Bank (NPDB) shows that Texas reported 1,032 adverse action and malpractice payment reports in 2022, an increase from 987 in 2021. Of these, 455 were malpractice payment reports, reflecting continuing pressure on the medical system related to litigation. The NPDB is a federally mandated database used to monitor malpractice and disciplinary actions across healthcare.
Casey is a former plaintiffs' attorney who practiced personal injury law in Texas before transitioning to advocacy and public commentary. She focuses on reforming litigation practices that may exploit injured clients. Casey has become a vocal critic of unethical legal tactics and supports measures aimed at protecting patient autonomy and medical integrity.