Plaintiffs Challenging Texas Med Mal Damage Caps

A group of 11 plaintiffs, including the family of ex Dallas Cowboys player Ron Springs, filed suit recently in U.S. District Court in Marshall to challenge the constitutionality of the state’s medical malpractice caps.

The Houston Chronicle has a story here. The article suggests that the non-economic cap of $250,000 is per defendant, which is not the case. The $250,000 cap is per claimant(including all derivative plaintiffs such as spouses and children of the injured patient), no matter how many doctors or health care providers are sued. There is – in theory – the potential to stack two limits for a $500,000 cap, but I have yet to see a scenario where that would apply…nor have I heard of any across the state. And in some lobbyist’s fantasy world, there is a magical place where an injured patient could – just maybe – stack three limits for a $750,000 recovery. It’ll never happen, but that was part of the snake oil the insurance lobbyists sold elected officials and voters when tort reform passed in 2003.

In any event, hats off to the plaintiffs in Marshall.