Profession
Texas high court declines to address medical liability cap
NEWS IN BRIEF — Posted Oct. 20, 2008
The Texas Supreme Court in September denied an appeal by state physicians asking justices to affirm the constitutional validity of a $250,000 cap on noneconomic damages in medical liability cases. Texas voters passed the award limit as a constitutional amendment in 2003.
The Texas Medical Assn., Texas Hospital Assn. and Texas Alliance for Patient Access appealed to the high court in February in response to a negligence case claiming the cap violates patients' jury trial rights. The trial court did not decide the issue.
The organizations had hoped that the state Supreme Court would resolve the dispute before similar challenges filed across the state wind their way through the courts. Tort reform advocates attributed a marked improvement in access to care since the reform's passage, and they intend to preserve it, said Michael S. Hull, lead counsel in the case. He added that the groups plan to file another appeal with the high court.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2008/10/20/prbf1020.htm.
