Rose v. Doctors Hospital

OPINION ON MOTION FOR REHEARING

COOK, Justice.

The motions for rehearing are granted in part and overruled in part. This court’s opinion and judgment of September 6, 1990, are withdrawn, and the following is substituted in its place.

In this case, we once again consider the constitutionality of the damages provisions of the Medical Liability and Insurance Improvement Act, TEX.REV.CIV.STAT.ANN. art. 4590i, §§ 11.02 and 11.03 (Vernon Supp.1991) (“Medical Liability Act”), this time in the context of a wrongful death action. The court of appeals decided that the statutory damages limitations…