Texas Supreme Court

Lisa Beth Rose, Petitioners v. Doctors Hospital, Respondents

December 19, 199034 Tex. Sup. Ct. J. 177

Summary

The Texas Supreme Court held that the Medical Liability Act’s damages caps are constitutional when applied to wrongful‑death actions, that the caps are calculated on a per‑defendant basis, and that a reservation of the right to appeal does not invalidate a remittitur; the court reversed the appellate court’s remand for a new trial and affirmed all other aspects. Justice Cook’s majority was contested by two dissents that argued the caps should be struck down for wrongful‑death claims and that the court misapplied severability and certified‑question authority.