Are Texas's Medical Malpractice Caps Constitutional?

Brooks Schuelke

Contributor

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Some lobbyist groups would like to believe so, and they've filed a new suit to try and prove it. The case stems from a medical malpractice case in Corpus. There, a Corpus doctor was sued by one of his patients after the patient developed a severe infection after a surgery. In the suit, the patient asserted that the medical malpractice damage caps violated several provisions of the Texas Constitution. The doctor and the lobby groups filed suit earlier this week in Travis County seeking a declaration that the caps are constitutional.

This is a highly unusual procedural move. Most of the time the constitutional issues are litigated at the same time as the underlying case. It's my belief that the Travis County courts will ultimately find that is the proper route, and send the case back to Corpus.

The San Antonio Express News has an article on the case that quotes me.