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New Federal Lawsuit Challenging the Caps: What’s Going On
WEBHB 4 anticipated voter approval of Art. 3, §66 by establishing a $250,000 per claimant cap on noneconomic damages in a health care liability claim (§74.301, CPRC). In addition, in a claim involving more than one health care institution, there is an overall cap of $500,000 for each claimant. When these caps are stacked, the maximum amount of
Actived: 3 days ago
URL: https://tcjl.com/new-federal-lawsuit-challenging-the-caps-whats-going-on/
Why Preserving the $250,000 Cap in Medical Liability Cases Is the …
WEBAs we have recently reported, Texas’ cap on noneconomic damages has one more come under attack, this time in an Austin federal court. We have speculated as to whether the lawsuit forms part of a larger strategy to repeal or modify the cap in the Legislature, but either way, the cap will have to be defended in every session going …
Personal Jurisdiction Case Once Again Reveals Rift in Dallas Court …
WEBAs we reported last August, the Dallas Court of Appeals’ ruling in Steward Health Care Sys.LLC v. Saidara, 633 S.W.3d 120 (Tex. App.—Dallas 2021, no pet.) uncovered serious divisions within the Dallas Court of Appeals over how the court handled the majority opinion.See “Dallas Court of Appeals Meltdown—Part 2,” pub. August 25, …
SCOTX Decides Two Texas Health Care Liability Act Cases
WEBThe Texas Supreme Court issued two opinions addressing the contours of Chapter 74, CPRC, the Texas Health Care Liability Act enacted in 2003 as part of the comprehensive tort reform package. The decisions were handed down on February 25. The first case involves the scope of discovery in a Chapter 74 case prior to the service of an …
Time to Revisit the Standards for Awarding Mental Anguish …
WEBMoore v. Lillebo, 722 S.W.2d 683 (Tex. 1986). The supreme court allowed for the first time recovery mental anguish in a wrongful death case without requiring some sort of physical manifestation. Additionally, the court recognized both mental anguish and loss of companionship and society and as separate injuries for which damages can be …
Dallas Court of Appeals Reverses TC Dismissal of Health Care …
WEBHaving gotten over the timeliness issue, the court of appeals proceeded to find that Dr. Todd’s report complied with the statute. His qualifications as a neurologist who treated ALS patients in the same condition as Jerry were deemed sufficient, as was his opinion that Epic’s termination of care and AOC’s inability to provide qualified care was a …
SCOTX Grants Mandamus in Paid or Incurred Case Involving …
WEBIn a per curiam opinion, the Texas Supreme Court has granted mandamus relief to a relator whose discovery requests for relevant evidence of a health care provider’s negotiated rates for specific services performed on behalf of a plaintiff in a personal injury lawsuit were denied by the trial court. In In re ExxonMobil Corporation (No. 20-0849), the …
SCOTX Sets Oral Argument in Case Involving Abuse of Discretion …
WEBThe Dallas Court of Appeals is in the spotlight once more for an apparent clear abuse of discretion in a medical negligence case involving a Dallas-area nursing home. The case, In Re LCS SP, LLC d/b/a Signature Pointe Senior Living Community, Aspect LCS Leasing SP, LLC and LCS Dallas Operations, LLC (No. 20-0694) arose from
Dallas Court of Appeals Declines to Recognize Private Cause of …
WEBThe court of appeals affirmed the trial court’s dismissal of both suits for lack of subject matter jurisdiction based on lack of standing. The court rejected the providers’ argument that either the statute or administrative rule implied a cause of action against a health insurer, stating that “separation of powers principles obligate us ‘to exercise …
What Is a Rule 202 Deposition Before Suit
WEBRule 202, Texas Rules of Civil Procedure, enables a “person” to “petition the court for an order authorizing the taking of a deposition on oral examination or written questions either: (a) to perpetuate or obtain the person’s own testimony or that of any other person for use in an anticipated suit; or (b) investigate a potential claim
Proposed Legislation Creates 51 New Causes of Action and 53 …
WEBWith a little more than month before the bill filing deadline (March 10), TCJL is tracking dozens of bills that create new private causes of action, new liability for civil, administrative, and criminal penalties, and new liability for attorney’s fees.
Waco Court of Appeals Splits Over Application of Chapter 74 to
WEBThe court of appeals affirmed but split over the proper application of Ross v. St. Luke’s Episcopal Hosp. 462 S.W. 3d 496 (Tex. 2015).Ross established a test for determining whether a claim against a health care provider alleging a breach of safety standards constitutes a health care liability claim under Chapter 74. Factors the court …
Eastland Court of Appeals Throws Out Medical Malpractice …
WEBAbilene Regional Medical Center and Brian Ganesh, M.D. v. Eugenia Fae Prince, Individually and on Behalf of All Wrongful Death Beneficiaries, and as Personal Representative of the Estate of Elton Pierce (No. 11-23-00027-CV; February 8, 2024) arose from the death of Elton Pierce from cardiac arrest three days after his admission to …
Proposed Legislation (HB 2021) Applies Certain Mandates …
WEBRecently introduced legislation would require a pharmacy benefit manager (PBM) contracted to administer a self-funded, employer-sponsored employee benefit plan governed by the Employer Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) to comply with certain state statutes and regulations, The legislation, HB …
Pandemic Liability Protection Act: Is SB 6 Working
WEBThe answer is almost certainly yes. While it is always difficult to assess how many lawsuits might have been filed if the Legislature had not intervened, we feel confident that we would be seeing far more malpractice claims against health care providers, particularly hospitals and nursing homes, and essential businesses that had to keep …
Houston [1st] Court of Appeals Affirms TC Denial of Chapter 74 …
WEBIn Andria Solomon v. Rosemary Buckle, Nicole D. Ches, and HCA Health Services of Texas, Inc. (No. 01-23-00349-CV; March 14, 2024), Plaintiff sued health care providers Buckle and Ches, as well as their employer HCA, for negligence. She alleged that Buckle, who performed the examination, submitted a false attending physician’s …
SCOTX Upholds Workers’ Comp System Against Air Ambulance …
WEBIn a 7-2 decision issued last Friday, the Texas Supreme Court has rejected a challenge to the Texas workers' compensation system by an air ambulance company. TCJL participated as an amicus in the case, Texas Mutual Insurance Company, et al. v. PHI AirMedical, LLC (No. 18-0216), on behalf of its longtime member Texas Mutual Insurance Company,
Legislation Protecting Women with Certain Pregnancy …
WEBGovernor Abbott has signed into law a very significant piece of legislation that flew largely under the radar this session. HB 3058 by Rep. Ann Johnson (D-Houston) and Sen. Bryan Hughes (R-Tyler) establishes an affirmative defense in an action against a physician or health care provider arising from two relatively common pregnancy …
Private Employers Required to Use E-Verify System Under …
WEBUnder proposed legislation heard yesterday in the Senate Business & Commerce Committee, virtually all private employers in Texas will be required to participate in the E-Verify program when hiring new employees. SB 1621/HB 3846 directs state agencies to enforce the E-Verify mandate by making participation “a condition of a …
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