Texas Medicine, the journal of the Texas Medical Association, is reporting on an important decision in a Harris County state district court regarding the $250,000 limit on non-economic damages in medical liability cases. The plaintiffs in the case alleged that the cap violates their right to a jury trial under the federal constitution. A Harris County jury had awarded the plaintiffs more than $10 million in non-economic damages, but the trial court reduced the award after ruling that the cap does not violate the 7th Amendment to the U.S. Constitution. Attorney General Ken Paxton intervened in the case to defend the law, pointing out the four federal appellate decisions have upheld state caps on non-economic damages in medical liability cases. For the full story, please click the link below.
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