Federal Judge Finds Texas Cap Constitutional

Lynchpin of state’s 2003 lawsuit reforms remains intact

Marshall, TX- A Texas law that caps pain and suffering-type awards in health care lawsuits was ruled constitutional by a federal judge today.

U.S. District Judge Rodney Gilstrap issued a brief one-page ruling stating “all claims by plaintiffs in this matter are denied” leaving the state’s 2003 cap on non-economic damages standing.

In 2003 Texas joined 26 other states in limiting awards in medical lawsuits for hard to quantify injuries such as mental anguish, emotional distress or loss of companionship. The capped amount varies from $250,000 to $750,000, depending upon the variety of defendants in the suit. Past, present and future medical costs as well as lost wages remain uncapped.

“The court’s decision removes any lingering uncertainty about the voter-approved cap on non-economic damages,” said Mike Hull, general counsel of Texas Alliance For Patient Access, the statewide healthcare coalition that defended the cap. “A trial lawyer victory would have gutted the benefits of reform and been a big blow to the delivery of health care.”

“The 2003 medical liability reforms have been good medicine for the people of Texas,” said Texas Medical Association President C. Bruce Malone, MD. “Thanks to the reforms, we have more physicians available to care for the sickest and most badly injured Texans. The reforms have kept their promise to our state, and this ruling means we won’t break that promise.”

“We’re pleased with the court’s decision in this case because it upholds one of the key 2003 medical liability reforms that has improved access to health care in Texas, “ said Dan Stultz, M.D., President/CEO of the Texas Hospital Association. “Since implementation of these reforms hospitals have invested savings from reduced liability insurance coverage back into hospital operations, including new technology that saves lives and improves patient safety. Hospitals also have been able attract new physicians to their community and offer new or expanded services to patients.”

Full Story

Ruling from Judge Gilstrap