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Tuesday, January 22, 2008

LAWSUIT TO CHALLENGE LIABILITY CAPS

The wife of a former Dallas Cowboy who has been comatose since he underwent a surgical procedure last year reportedly will ask a federal court to overturn Texas' cap on noneconomic damages in medical liability cases. TMA and our allies will staunchly defend the caps, which have produced the results the legislature and the voters intended in 2003. That year, lawmakers passed a bill limiting to $250,000 each the noneconomic damages that could be assessed against the physicians, against the first hospital or health care facility, and against all other facilities in a case. There is no cap on economic damages. Texas voters approved Proposition 12, a constitutional amendment that ratified the legislature's authority to impose such caps. TMA, the Texas Civil Justice League, the Texas Alliance for Patient Access, and other liability reform advocates are working to build a coalition with business organizations to identify possible legislative attacks on the reforms and to develop defensive and offensive strategies for the 2009 legislative session.

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