Sep 16, 2010
State Cap on Non-Economic Damages a No-Go in Eastern District of Texas Case
A U.S. magistrate judge has concluded the cap the Texas Legislature set on non-economic damages in health care liability suits is constitutional. The Eastern District judge concluded the defendant health care providers and the state are entitled to summary judgment that the Medical Malpractice and Tort Reform Act of 2003 does not violate plaintiffs’ right of access to the courts and the takings clause of the Fifth Amendment to the U.S