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SERIES 1 TORT LIES ABOUT

TORT REFORM

What was this bill really called? HB4, HJR3, Proposition 12, HB3, and CSHB4

CAPS ON NON-ECONOMIC DAMAGES

In many states around the country; caps were authorized by the legislature to set limits on non-economic damages in medical and other liability cases.  Many people across this country do not even know what “TORT Reform is and never heard of Proposition 12, A/K/A HJR3.

The Legislature’s authority to limit non-economic damages would apply regardless of whether the claim or cause of action arose or was derived from common law, a statute, or other law, including tort, contract, or any other liability theory or combination of theories.  The claim or cause of action would include a medical or health-care liability claim, as defined by the Legislature, based on a medical or health-care provider’s treatment, or other claimed departure from an accepted standard of medical or health care or safety that caused or contributed to a person’s actual or claimed disease, injury or death.

This bill was voted on in the Senate and the House, passed by a 2/3 vote, filed with the State and went into effect on September 1, 2003.  The voters didn’t vote until September 13, 2003.  This was just a formality.  Tune in for the next weeks to see what else they put on the ballot that you did not see.

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