SRC-JLB, LBB S.B. 364 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 364
78R3406 DAK-DBy: Janek
State Affairs
2/24/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law limits damages in a medical malpractice action for
wrongful death to $500,000, which has been adjusted to $1.3 million to
reflect inflation.  The statute was intended to apply to all medical
malpractice cases but has been held unconstitutional except with respect
to wrongful death.  As a result, claimants may circumvent the liability
cap by pleading multiple causes of action on a single case and claiming
that a separate $1.3 million award applies to each action.  As proposed,
S.B. 364 modifies limits on civil liability for health care claims to
ensure that the original intent of the "death cap" adopted by the
legislature is maintained in health care liability cases. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.02, Article 4590i, V.T.C.S, by amending
Subsection (b) and adding Subsections (e) and (f), as follows: 

(b)  Includes Subsection (e) as a subsection which does not apply to the
amount of awarded damages on certain health care liability claims.  Makes
conforming changes. 

(e)  Requires the total civil liability to be limited to a certain amount
in an action on a health care liability claim where final judgment is
rendered against a physician or health care provider and one or more of
the physician's or health care provider's agents or employees, based
exclusively on a theory of vicarious liability. 

(f)  Provides that the limit on liability applies to the final judgment
rendered against a physician or  health care provider  in relation to
certain actions that resulted in injury to or death of a patient,
regardless of the number of claims filed in relation to the occurrence and
may not be exceeded on the basis that more than one claim is filed in
relation to the occurrence. 

SECTION 2.  Effective date:  September 1, 2003.
            Makes application of this Act prospective.