HBA-DMH H.B. 3093 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3093
By: Janek
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Texas law limits damages in a medical malpractice action for wrongful death
to $500,000.  Because of an annual adjustment for inflation, the cap is now
approximately $1.3 million.  The statute was intended to apply to all
medical malpractice cases, but has been held to be unconstitutional except
with respect to wrongful death.  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.  House Bill 3093
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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3093 amends the Medical Liability and Insurance Improvement Act
of Texas to  require, 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 agents or employees of the physician or health care provider,
and where the liability of the physician or health care provider is based
exclusively on a theory of vicarious liability for the act or omission of
the agents or employees, the combined total civil liability of the
physician or health care provider and the agents or employees to be limited
to an amount not to exceed $500,000, as adjusted by liability limits.  This
limit on liability  applies to the amount of damages awarded in a final
judgment on specified health care liability claims and may not be exceeded
on the basis that more than one health care liability claim is filed in
relation to the occurrence. 

EFFECTIVE DATE

September 1, 2001.