Texas Politics

Amendment pits powerful lobbies: Doctors, insurers, battle trial lawyers

.........Early voting on Proposition 12 and 21 other proposed constitutional amendments begins Thursday and ends Sept. 9. The election is Sept. 13.

Doctors say a cap on noneconomic damages -- those for pain, suffering, loss of companionship, disfigurement or physical impairment -- is the only medicine for a crisis in availability and affordability of malpractice insurance.

Under the new law, a person injured by medical negligence could receive up to $750,000 in noneconomic damages. Of that, $250,000 could come from physicians or medical personnel, and $250,000 could come from each hospital or nursing home, although a plaintiff couldn't collect from more than two medical facilities.

In addition to the limited noneconomic damages, victims of medical negligence would still be able to receive compensation for their economic damages such as lost wages and medical costs. And in cases of extreme negligence, punitive damages also could be awarded.........