Tort Reform Held Unconstitutional

Medical Malpractice lawyer Austin Texas

Jan 4, 2013 — by Jeff Mundy
Tags: Medical Malpractice

...we are bound to conclude that the Legislature acted unreasonably in enacting section 74.251(b) with no exception for the claims of minors who are injured before the age of eight because the statute effectively abolishes their right of redress before they are legally able to file suit on their own behalf without providing any adequate substitute. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.251(b)

Because section 74.251(b) effectively cuts off a minor's cause of action before the minor is legally able to assert it, thereby requiring the minor to satisfy an impossible condition, and fails to provide an adequate substitute remedy, we hold that section 74.251(b) violates the open court provision of the Texas Constitution as applied to minors injured before their eighth birthday. See TEX. CONST. art. I, § 13; TEX. CIV. PRAC. & REM. CODE ANN. § 74.251(b); Nelson, 678 S.W.2d at 921; Weiner, 900 S.W.2d at 317-20; Sax, 648 S.W.2d at 665-67; Zweig, 373 S.W.3d at 608; Adams, 179 S.W.3d at 102-03.
Riviera v. Compton, (Tex. App. - El Paso, 2012).

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