WEATHERFORD — Three years after sweeping medical malpractice lawsuit reforms, Texas has gone from a doctor shortage to a doctor surplus.

According to the state medical board, more than 4,000 doctors applied to practice in Texas last year, an increase of more than 30 percent from 2005.

However, some people now argue that malpractice reform laws are preventing patients who are hurt during healthcare from seeking justice.

Ellie Plunkett of Weatherford counts herself among those people.

"This is where I had tubes underneath my esophagus," Plunkett said as she pointed to a row of scars on her chest and abdomen.

Two years ago, Plunkett voluntarily underwent a laparoscopic lap band operation to help her lose weight. Lap band is considered minimally invasive when compared with gastric bypass surgery.

Medical records show that during the procedure, Plunkett's doctor punctured her esophagus.

"He was in there for hours trying to patch the holes," Plunkett said. "I was in ICU for five days on a ventilator... near death."

A punctured esophagus is not on the list of potential risks associated with this surgery, according to documents Plunkett signed at the doctor's office.

So, she pursued a medical malpractice lawsuit.

Time after time, she says lawyers told her this: "They would not be interested in it, because it would cost more to sue them than what they would make on it."

Jury awards for pain and suffering in the state of Texas are capped at $250,000 because of medical malpractice reform laws passed in 2003. The laws were designed to cut down on frivolous medical lawsuits.

Now, patients—and lawyers—agree that there is a disturbing aftereffect.

"It's destroyed a lot of patients ability to seek any kind of justice if they are injured by a doctor's negligence," said Dallas attorney Mike Sawicki. Sawicki is known for his big jury awards—including a $606 million verdict against a doctor accused of a deadly chemotherapy overdose.

Medical malpractice attorneys like Sawicki are fast disappearing in Texas.

Neither Dallas nor Tarrant counties keep track of medical malpractice filings. But Houston reports a 41 percent drop in the number of cases filed last year alone.

"We turn down people every day," Sawicki said.

Since the medical malpractice reform law went into place, other laws have gone into effect that may also stop patients from seeking damages. Among them, a law requiring that insurance companies be repaid for medical costs before the patient gets a dime.

When you factor in all the expenses associated with trying a case, Sawicki said the maximum $250,000 jury award for pain and suffering isn't worth it for lawyer or client.

"In the end, I have to pay my light bills, they have to pay their medical bills, so it ultimately is about money," Sawicki said.

As a nurse, Ellie Plunkett never dreamed she would ever want to sue a doctor.

Now, she finds that she can't seek justice.

"I know bad things happen," Plunkett said, "but I would not want to anybody else go through this."

E-mail jstjames@wfaa.com