Capping Your Rights: The Texas Statute of Non-Economic Damage Caps in Medical Malpractice Cases and Its Assault on the Rights of the Injured and the Power of the Courts (Comment)

摘要

This comment will discuss the effect non-economic damage caps in medical malpractice cases have on an injured victim's rights to bring a cause of action against a negligent party. Part II will discuss the origins of Texas non-economic damage caps in medical malpractice cases, the Texas Legislature's reasons for enacting them, and how Texas courts have interpreted the caps. Part III will enumerate the rights threatened by the non-economic damages caps and the recently passed companion constitutional amendment. It illustrates the unconstitutional aspects of the cap pertaining to the Equal Protection, the Open Courts Doctrine, the Right of Trial by Jury, the Prohibition of Special Laws, the Separation of Powers and conflicting constitutional provisions. This section will also discuss the insurance industry's success in the political arena. Part IV will discuss proposals for medical malpractice lawsuit reform, reducing insurance rates and making health care available to every person. Specifically, it will discuss a patient compensation fund and the passage of insurance rate regulations. Lastly, Part V will conclude with a summation of the statute's unconstitutionality and the need to address the current assault on medical malpractice victims' rights and the power of the courts.