In this preface, the author introduces the broader symposium by examining the historical and policy context that led to the perceived crisis in Texas health care liability litigation. The piece traces the legislative and judicial developments that culminated in sweeping tort reform measures, particularly those affecting medical malpractice claims. The author critiques the assumptions underlying claims of a litigation-driven crisis and questions whether the adopted reforms appropriately balanced competing interests. The preface frames the subsequent articles by highlighting tensions between access to justice, cost containment, and provider protection. It concludes by inviting critical evaluation of whether the reforms addressed genuine systemic problems or instead created new challenges within Texas tort law.
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Glenn W. Cunningham
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Glenn W. Cunningham (Tue,) studied this question.