New case challenges damages caps in Texas

Texas tort reform statutes limit "pain, mental anguish, impairment and disfigurement damages" to $250,000 per defendant. The plaintiffs in a recently filed medical malpractice case arising out of the injuries to an infant claim that "this arbitrary cap is a denial of due process to the Plaintiff and a violation of the United States and Texas Constitutions … and the rights to due process." Story available here. Originally posted by Sheila B. Scheuerman on TortsProf Blog.