The tort reform of 2003 reshaped medical-malpractice litigation in Texas. Now, two Dallas plaintiffs lawyers are mounting a constitutional attack on part of that legal overhaul.
They’ve filed three federal lawsuits, all based on the same set of allegations. They argue that the 2003 Legislature’s deletion of Texas Civil Practice & Remedies Code §41.001(7)(B) violates the Texas Constitution’s open courts provision by setting an impossibly high standard for plaintiffs who bring a negligent-credentialing suit against a hospital.
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