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Texas, USA

A class action lawsuit has been filed against the state of Texas alleging its limits on non-economical damages are unconstitutional. The lawsuit was filed in Eastern District of Texas and claims the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the First, Seventh, Fifth, and the Fourteenth amendment of the Constitution.

The bill limits the amount that can be awarded to a plaintiff for intangible harms such as severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, loss of sexual organs, physical impairment and loss of a loved one among other damages. The suit argues the cap has a direct impact on a plaintiffs' potential jury award, the likely extent of recovery in the case and the decision on whether the cost of proof relating to a capped recovery will be worth the effort of pursuing.

The lawsuit was filed on behalf of all Texas individuals injured because of negligent medical treatment since the enactment of the reform measures and future injured individuals. As defendants, the suit names health care providers who seek to enforce the damage cap and more than 600 Texas civil trial court judges who are required to enforce the damage limits.

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Last updated on Mar-3-08