Archives for August 1, 2005

Law School Review Produces ‘Legislative Intent Roadmap’ On Texas’ 2003 Landmark Lawsuit Reforms

Law School Review Produces ‘Legislative Intent Roadmap’ On Texas’ 2003 Landmark Lawsuit Reforms.

Monday August 1, 10:00 am ET

LUBBOCK, Texas, Aug. 1 /PRNewswire/

The Texas Tech Law Review today released a comprehensive overview of lawsuit reform measures passed in 2003.

The 357-page article, the culmination of a year of review and written by six leading Texas attorneys, is designed to serve as the "authoritative word" or a "legislative intent roadmap" on the landmark liability reforms passed by lawmakers in 2003 and approved by voters that same year.

"Two years ago, Texas lawmakers passed arguably the most expansive rewrite of the state’s civil justice laws since the adoption of the Texas constitution 140 years ago," said Walter Huffman, Dean of the Texas Tech University School of Law. "The article in today’s Texas Tech Law Review is intended as an objective research tool on these landmark reforms — a roadmap to what lawmakers intended to enact. This scholarly article may serve as a guide for attorneys, as well as judges at all levels, to understand and properly apply the hundreds of new laws."

The Tech law review article — "House Bill 4 and Proposition 12: An Analysis with Legislative History" — captures what the Legislature did and did not intend in the wording of the reform legislation. The review includes more than 1,850 footnotes.

They are not, by the way, wishy-washy about whether liability reform was helpful for physicians.  It is, I agree, still too soon to determine the full impact on patients.  However, since doctors and patients should be working together on health, what’s good for one is very likely good for another (something our adversarial legally-trained folks cannot accept).

Some of the main findings of the panel are listed at the bottom of the article, and I’ll put them in the extended entry.

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