Phillips v. Bramlett

in which Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON, and Justice WILLETT joined.

We granted the petition for review in this case to consider the relationship between two provisions of the Medical Liability and Insurance Improvement Act of 1977, now repealed. See Tex.Rev.Civ. Stat. art. 4590i.1 The first provision caps the liability of physicians (and other health care providers) above a fixed amount, adjusted for inflation, while the second creates an exception to this cap when the physician’s insurer has negligently failed to settle within the meaning of the Stowers Doctrine, that…