Columbia Hospital Corporation of Houston v. Moore

Summary

The Supreme Court of Texas held that prejudgment interest awarded under subchapter P of the Medical Liability and Insurance Improvement Act is subject to the Act's subchapter K damages cap. The court concluded that prejudgment interest remains a form of compensatory damages and that subchapter P did not indicate legislative intent to unc ap previously capped damages. The court modified the court of appeals' judgment and remanded the case for further proceedings; a dissent argued that subchapter P mandated prejudgment interest on past damages outside the cap.

Holdings

1. Prejudgment interest awarded under subchapter P of the Medical Liability and Insurance Improvement Act is a form of compensatory damages subject to the Act's subchapter K damages cap.
2. Subchapter P does not exclude prejudgment interest from, or uncap damages otherwise subject to, the subchapter K damages cap.
3. Prejudgment interest on past damages excluded from the cap by section 11.02(b) remains fully available, but prejudgment interest on damages subject to the cap may be awarded only up to the subchapter K cap amount.

Questions Presented

1. Whether prejudgment interest awarded under subchapter P of the Medical Liability and Insurance Improvement Act is subject to the Act's subchapter K damages cap.
2. Whether subchapter P's mandatory prejudgment-interest provision demonstrates legislative intent to exclude or uncap prejudgment interest from the subchapter K cap.

Disposition

remanded