Because of a mislabeled tissue sample that led to a misdiagnosis, Darrie Eason of Long Island, New York had both of her breasts removed to save her from a cancer that she never had.

Thanks to insurance industry “tort deform” that swept through Texas in 2003, non-economic damages in a medical malpractice suit like Ms. Eason’s would be capped at $250,000. That’s right: All the pain and suffering, all the disfigurement, all the impairment, all the damage to her marriage, everything, is worth $250,000 tops, thanks to the 2003 Texas Legislature.

Think this is a frivolous lawsuit?