Texas judge upholds medical liability cap law

04/10/2012

A 2003 Texas law that limits the award settlements given to plaintiffs involved in medical malpractice lawsuits has been deemed constitutional by a federal judge.<br/><br/>According to a ruling issued by U.S. District Judge Rodney Gilstrap, lawsuits pertaining to pain and suffering - such as mental anguish and emotional distress - can continue to have awards capped at $250,000 to $750,000. However, lawsuits settlements that pertain to excessive medical bills and lost earnings remain uncapped.<br/><br/>Sources indicate opposition to the 2003 law occurred in 2008, when 10 plaintiffs filed suit, saying the cap violated the U.S. Constitution. But Gilstrap ruled the cap as lawful, stating that &quot;all claims made by plaintiffs in this matter are denied,&quot; according to American Medical News.<br/><br/>Several organizations were supportive of the law, including the Texas Alliance for Patient Access and the Texas Medical Association. AmedNews reports that since the law&#39;s passage, it has brought more physicians to the state, increasing healthcare access. In addition, medical facilities liability insurance rates in the Lone Star State have been cut in half.