Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Articles of Interest / Federal Judge in Texas Upholds Med Mal Damages Cap

Federal Judge in Texas Upholds Med Mal Damages Cap

April 26, 2012 By admin Leave a Comment

Originally posted at the Dallas Morning News:

https://www.dallasnews.com/business/health-care/2012/03/28/u-s-judge-upholds-texas-cap-on-medical-malpractice-awards/

By MARK CURRIDEN

The Texas Lawbook

mark.curriden@texaslawbook.net

Published: 27 March 2012 08:55 PM

A federal judge ruled Tuesday that a Texas law limiting noneconomic damages in medical malpractice cases to $250,000 is constitutional.

The decision, applauded by tort reform advocates and denounced by trial lawyers and victims of medical malpractice, ends a four-year legal battle over whether the Medical Malpractice and Tort Reform Act of 2003 violated the U.S. Constitution.

U.S. District Judge Rodney Gilstrap of Marshall decided it did not. In a one-page order, the judge simply accepted an earlier recommendation by a magistrate judge that the law be upheld.

“This ruling is a welcome and timely reminder that, under our Constitution, the states have an important role to play in improving access to health care,” said James Ho, a partner at Gibson, Dunn & Crutcher. Ho was Texas solicitor general in 2009 when the case was originally argued.

The state law capped at $250,000 the amount that plaintiffs in medical malpractice cases could be awarded for pain and suffering, emotional distress or loss of quality of life.

Gov. Rick Perry, during his failed presidential run, frequently touted the law as being pro-business and helping to lower insurance premiums for doctors. Studies are mixed regarding its success.

A group of medical malpractice victims sued in 2008, claiming that the damage award limits violated the U.S. Constitution’s Fifth Amendment prohibition against the state taking private property not for public use and the Fourteenth Amendment’s due process clause.

Plaintiffs’ lawyers believed their chances of winning their case improved when Gilstrap, an Obama appointee, took over the case last year.

“This is a very surprising and disappointing decision because the law is such an overreach,” said Paula Sweeney, a prominent Dallas trial lawyer.

Visit texaslawbook.net for more stories about business law.

Filed Under: Articles of Interest, Health, Medical Cases Tagged With: Attorney, Denton, Lawsuit, Medical Malpractice, Texas, Wrongful Death

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Top Five Things To Look For When Hiring A Personal Injury Attorney

Many lawyers hold themselves out as personal injury attorneys, but what are the top 5 things to look for in hiring a personal injury lawyer?  You’ll find all of those qualities here … [Read More…]

Will Not Wearing A Seat Belt Affect My Personal Injury Claim?

Wearing a seat belt can save your life, but can it also save your personal injury case?  If you’re hurt in a car accident that’s not your fault, you would like to be compensated for your … [Read More…]

Why are Truck Accidents on the Rise in Texas?

According to a report by the American Trucking Association (ATA) released in October 2017, there is a serious shortage of truck drivers nationwide. ATA estimated the shortage would be 50,000 by the … [Read More…]

Drowsy Driving Accidents

According to the National Highway Traffic Safety Administration in 2015, over 100,000 motor vehicle crashes are directly attributable to driver fatigue every year. Those are only the drowsy driving … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in