On March 31, U.S. District Judge Jorge A. Solis of the Northern District of Texas granted an unopposed motion by the Office of the Attorney General Greg Abbott to allow the state to intervene in a case against, among other defendants, Baylor Health Care System.
As a result, the state will be able to defend the constitutionality of a Texas law under attack by plaintiffs who have argued that the 2003 Legislature’s deletion of Texas Civil Practice & Remedies Code §41.001(7)(B) as part of tort reform violates the Texas Constitution’s open courts provision. The open courts provision provides that an injured person “shall have remedy by due course of law” and prohibits lawmakers from unreasonably abrogating well-established common-law claims. The plaintiffs argue that the deletion led to an impossibly high standard for plaintiffs who bring negligent-credentialing suits against hospitals.
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