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Texas Congressman Introduces Federal Bill Capping Damages in Medical Malpractice Cases

It was recently reported that Texas Congressman Michael Burgess (R-TX) has introduced federal tort reform legislation modeled after the Texas law capping damages in medical malpractice cases. Burgess’ measure would cap non-economic damages against any single healthcare provider at $250,000 and wrongful death total damages at $1.4 million. Dubbed the Medical Justice Act (H.R. 3509), the bill also would provide certain instructions for juries to consider in their deliberations, as well as criteria for expert opinion and testimony in medical liability cases in civil court.

But as we’ve previously noted, the Texas cap on damages in medical malpractice cases has had a downside in terms of quality of care as evidenced by a 79% increase in disciplinary actions by the Texas Medical Board from 2002 to 2006. So a nationwide cap on damages in medical malpractice cases may not be such good news for patients.

About the <span>Author</span>

About the Author

Tom D'Amore is the founder of D'Amore Law Group and a trial attorney with over 30 years of experience representing injured people and their families across the West Coast, securing more than $325 million in recoveries. He handles cases involving car accidents, trucking accidents, construction injuries, medical malpractice, and sexual abuse. Licensed in Oregon, Washington, and California, Tom is the only NBTA board-certified truck accident attorney in Oregon. He is a national Board of Governors member, past Executive Committee member, and past Budget and Audit Chair of the American Association for Justice, as well as past President of the Oregon Trial Lawyers Association and an Eagle member of the Washington State Association for Justice.
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