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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., Ruben James Reyes
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., Ruben James Reyes
The Scholar: St. Mary's Law Review on Race and Social Justice
Though the Texas Legislature attempted to assure Texans’ access to quality, affordable health care, they assaulted patients’ rights and the power of the courts with a cap on non-economic damages in medical malpractice lawsuits. Non-economic damage caps have a major effect in medical malpractice cases on an injured victim’s constitutional rights and their rights to bring a cause of action against a negligent party. Injured medical malpractice victims may argue that non-economic damage caps directly violate equal protection because of the creation of an impermissible classification distinguishing between injured victims with calculable economic damages and injured victims with no economic …