TMA Defends Punitive Damages Cap in Court

In 2003, the state legislature made Texas one the most attractive states to practice medicine in by passing medical liability reforms limiting punitive damages to $250,000. Last Friday (the 8th for those not looking at their calendar), TMA joined the Texas Alliance for Patients Accesss (TAPA), the Texas Hospital Association (THA), and John McKeever, MD, in a fight to uphold the cap on non-economic damages which is being challenged as unconstitutional. This case is part of a liability lawsuit filed against Dr. McKeever, an orthopedic surgeon in Corpus Christi, back in July of 2007.

According to the TMA, the lawsuit "alleges that the cap provided in Section 74.301 is unconstitutional under various provisions of the Texas Constitution, including those relating to equal protection, open courts, due course of law, separation of legislative and judicial powers, local or special law, jury trial, and the constitutional amendment pertaining to legislative limitation on certain damages."

More information will be provided when available.