Friday, October 10, 2008

Texas Lawsuit Challenges Constitutionality of Medical Malpractice Caps

From the Southeast Texas Record is this report of a woman filing a medical malpractice claim against against the surgeon who performed her cataract surgery which resulted in a detached retina. In the suit, she claims the doctor was negligent in failing to properly monitor her after surgery. The suit also claims "Texas' medical malpractice damages caps are unconstitutional."
See med mal article here.

Another article, SC stays on sidelines in Texas med-mal cap fight, has more information on the issue...
"Texas capped non-economic damages in medical malpractice suits at $250,000 and death suits at $1.6 million, one of the lowest caps in the country. Since the reform, Texas has seen a flood of new applications for physicians.

Since the act's enactment, hundreds of med-mal suits have been filed in the area, with many of them claiming that the caps are unconstitutional."

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