Texas Constitution:Article III, Section 66: Difference between revisions

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Texas Constitution:Article III, Section 66 (view source)

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-This section, approved by 51% of voters, authorizes the Legislature to set a limit on noneconomic damages in medical and other liability lawsuits.
+Under this section, approved by 51% of voters, the Legislature may establish a liability limit for all noneconomic damages.
+The section, an exception to Article I, Section [[Texas Constitution:Article I, Section 13|13]], was a response to the Texas Supreme Court decision referenced below.
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-* ''Lucas v. United States'', 757 S.W.2d 687, [https://scholar.google.com/scholar_case?case=9397562048417946578#p692 692] (Tex. 1988) (footnote omitted) ("We understand the legislature's concern in attempting to solve the health care problems it perceived during the middle of the 1970's. Nevertheless, we agree with the statement by the Supreme Court of New Hampshire: 'It is simply unfair and unreasonable to impose the burden of supporting the medical care industry solely upon those persons who are most severely injured and therefore most in need of compensation.' Carson v. Maurer, 120 N.H. 925, 424 A.2d 825, 837 (1980). For the reasons stated in this opinion, our answer to the certified question is that the limitation on medical malpractice damages in Tex.Rev.Civ.Stat.Ann. art. 4590i, §§ 11.02 and 11.03, is inconsistent with and violative of article I, section 13, of the Texas Constitution.")
+* ''Lucas v. United States'', 757 S.W.2d 687, [https://scholar.google.com/scholar_case?case=9397562048417946578#p692 692] (Tex. 1988) (footnote omitted) ("[W]e agree with the statement by the Supreme Court of New Hampshire: 'It is simply unfair and unreasonable to impose the burden of supporting the medical care industry solely upon those persons who are most severely injured and therefore most in need of compensation.' ''Carson v. Maurer'', [] 424 A.2d 825, 837 (1980). For the reasons stated in this opinion, our answer to the certified question is that the limitation on medical malpractice damages in Tex.Rev.Civ.Stat.Ann. art. 4590i, §§ 11.02 and 11.03, is inconsistent with and violative of article I, section 13, of the Texas Constitution.")
 |seo_title=Article III, Section 66 of the Texas Constitution ("Limitation of Liability for Noneconomic Damages")
-|seo_keywords=Article 3 Section 66, tort liability, legislative caps
+|seo_keywords=Article 3 Section 66, malpractice liability, damages caps
-|seo_description=The Legislature may determine the limit of liability for all damages other than economic damages.
+|seo_description=Under this section, the Legislature may establish a liability limit for all noneconomic damages.
 |seo_image=Texas_Constitution_of_1876_Article_3.jpg
 |seo_image_alt=Article III: Legislative Department