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Cyrus Dugger

Mom Seeks Civil Justice

From the San Antonio Express-News:


Mom seeks civil justice

Janet Elliott
Austin Bureau

AUSTIN — All Farhat Chishty wants is for officials with the Denton State School to be held accountable for the severe beating her son suffered there four years ago at the hands of a drug-addled caregiver.

Hasib Chishty, 34, who has mental retardation, went from being able to walk and eat the cheeseburgers he loved to being confined to a wheelchair and fed through a tube.

He remains at the state school's infirmary while his mother and siblings seek compensation that could allow them to care for him at home or move him to a private facility.

But the family faces a huge barrier to their quest for civil justice: the state's legal immunity to personal injury lawsuits.

Rep. Lon Burnam, D-Fort Worth, is trying to pass a resolution that would grant Farhat Chishty permission to sue the state school and Department of Aging and Disability Services.

"I hope this bill will open the door for justice. Every day my son looks at me and I feel he is asking for justice," Farhat Chishty tearfully told the House Civil Practices Committee. "The state is dangerously powerful to cover up all abuses." (keep reading)

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Posted at 12:37 PM, Apr 24, 2007 in
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Comments

The victim was made whole by Medicaid.

This is the model. End all negligence torts. The injured get Medicaid. Period. No fuss, no muss, no cult criminals shopping for the business jet.

Posted by: Supremacy Claus | April 25, 2007 8:15 AM

That's really tragic and horrible . But I 've a question if Kevin Dewitt Miller was already an addict, can he claim disability benefit and could that be a ground for discrimination lawsuit if the day-care centre would not hire him in the first place or try to fire him when the cat is out of bag.Legalities are complicated and it is just a humble query .Anybody know the rule in Texas ?

Posted by: Anirban | April 26, 2007 5:30 AM