BAPTIST HOSPITAL OF SOUTHEAST TEXAS, INC. v. Baber

OPINION ON APPLICATION FOR WRIT OF ERROR

The order of this court of January 9, 1985 granting the application for writ of error is withdrawn, as the writ of error was improvidently granted. By a majority of the court, the application for writ of error is refused, no reversible error.

We originally granted writ in this medical negligence case concerning the death of Kenneth Baber to consider the constitutionality of Tex.Rev.Civ.Stat.Ann. art. 4590i, § 11.02 (Medical Liability and Insurance Improvement Act). That statute limits the civil liability for damages of a health care provider. The limit…