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Ben Glass
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Malpractice Caps Get Noticed When Celebrities Are Hurt

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Ron Springs, a former player for the Dallas Cowboys who has been in a coma since the fall when he underwent a surgical procedure to remove a cyst, has been listen among the 11 plaintiffs who are challenging the medical
malpractice cap
of the state of Texas in a lawsuit filed on Monday, February 22.

The lawsuit was filed in Marshall, Texas in the U.S. District Court for Texas’ Eastern District and is challenging
the 2003 Medical Malpractice and Tort Reform Act which limits awards in Texas malpractice suits. The suit has asked that cap be declared unconstitutional by the court.

Awards for pain and suffering have been limited to $250,000 for doctors, hospitals, and nursing homes, and other
institutions for a maximum of $750,000 per claimant by the law. The plaintiffs have asked for the suit to be class action status. Springs’ wife filed a medical malpractice suit against two doctors in January alleging that they caused her husband brain damage in the course of a routine surgical procedure to remove a cyst.

Comment from Virginia Medical Malpractice Attorney Ben Glass: The trend across the country is to abolish arbitrary “one size fits all” caps on malpractice cases. Often it does take a very noteworthy case to bring the issue to the attention of the public and thus get pressure put on the courts and legislature.