Supporters of Texas malpractice damages cap are taking it to court

September 22, 2008

In an unusual legal twist, the most avid defenders of the Texas cap on damages to victims of medical malpractice — not its critics — are urging the state’s highest court to decide whether the law complies with the state constitution.

If the court hears the case, the ruling could limit future challenges in state courts. Questions have been raised about whether the cap violates people’s rights to equal protection, due process and jury trials, among other constitutional provisions.

“We have to be certain that the cap is constitutional, and the only body that can tell us that in Texas is the Supreme Court,” said Austin attorney Mike Hull, who launched the effort on behalf of the Texas Hospital Association and the Texas Medical Association.

But critics of the cap say that making a direct appeal to the Supreme Court with this case violates Texas rules, and they predict that the court will not hear the case. Critics also say that the tactic is intended to cut off a future case that would make a stronger challenge.

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Posted By Phoenix Accident Injury Attorneys </a