In a case testing the boundaries of tort reform, the Texas Supreme Court is weighing whether two female patients’ assault allegations against a doctor are health-care liability claims under Texas Civil Practice & Remedies Code Chapter 74, which caps punitive damages at $250,000.
Chapter 74 was the centerpiece of an omnibus tort reform law that took effect in 2003. The law’s proponents wanted to curtail rising med-mal premiums and provide patients with better access to physicians. Opponents argued the law would insulate doctors from the consequences of tortious conduct.
