Lawsuit Abuse Fortnightly #2-11 (pdf)

In one of the most highly anticipated referendum votes in recent years, on September 12 Texas voters narrowly approved Proposition 12, a constitutional amendment limiting medical malpractice awards. The amendment places a cap of $750,000 on “pain and suffering” awards--$250,000 for the doctor involved and $500,000 for the hospital or other health care institution. Awards for loss of income and medical expenses are not capped. Prop 12 also allows the legislature to place caps on other types of lawsuits if it approves them by a three-fifths majority. Fifty-one percent of voters approved the amendment. From the New York Times