Tort Reform Under Constitutional Fire

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Bryston C. Gallegos[*]

Nearly fifty years ago, tort reform was born and states started capping damages for victims of medical malpractice.  In response, injured plaintiffs began challenging noneconomic damage caps on various constitutional grounds—particularly equal protection.  Although equal protection challenges involve varying state statutes and differing factual circumstances, there are common questions woven throughout.  Does a law that treats negligently injured persons differently from those who are less injured by the same negligent conduct deny the first group equal protection of the laws?  If so, does a rational basis exist for such differential treatment?

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