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The former Dallas Cowboy Ron Springs, who has been in a coma since fall after surgery to remove a cyst, is listed among the 11 plaintiffs challenging Texas' medical malpractice cap in a lawsuit filed Monday.The lawsuit challenges the 2003 Medical Malpractice and Tort Reform Act that limits awards in Texas.
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It would also limit patients' ability to file punitive damage suits and limit awards in those suits to $250,000 or twice the amount of economic damages awarded.
Malpractice costs have been at the center of the debate about health care expenses for decades, with some states enacting legislation to limit awards.
And some critics say there is no way to tell whether the fund's administrators will try to save tax money by limiting awards.
One approach would be to limit awards and create a fund to be shared by all families with similarly afflicted children.
And he was very specific about his agenda, including tort reform to limit awards against businesses whose financial stability could be undermined by juries that overcompensate injury victims.
Both houses of the State Legislature have passed a tort reform bill that would limit awards for damages like death or pain and suffering to $500,000 in health care cases and $1 million in all others.
On Saturday, an adviser to the archdiocese said that at trial church lawyers would probably try to invoke the state's charitable immunity law, which could limit awards to plaintiffs to $20,000.
Mr. Gore was asked to make calls in 1995 by a Democratic National Committee official after a dinner in Texas with trial lawyers at a time when the Republican-controlled Congress had passed legislation limiting awards in lawsuits.
And trial lawyers, put bluntly, despise Mr. Bush, who has made the trial bar a favorite whipping boy and has moved to limit awards in personal-injury and class-action lawsuits.
A panel of federal appellate judges upheld a decision to dismiss lawsuits from survivors of victims of the World Trade Center attack who charged that the special master of the September 11th Victim Compensation Fund would unfairly limit awards to certain families.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com