When 58-year-old Genaro Nava went into Baylor University Medical Center for surgery to remove a cancerous tumor, he trusted his life to his doctors. Days later, he was in agony — pain rated nine out of ten, vomiting, and with dangerously high blood pressure. An X-ray revealed the cause: a nearly 10-inch surgical tool had been left inside his abdomen. He needed another major surgery just to remove it.

This is what’s called a “never event” — a mistake so preventable it should never happen in modern medicine. But when it does happen in Texas, the law adds insult to injury. Under a rule passed in 2003, victims of medical negligence can receive no more than $250,000 in non-economic damages for pain, suffering, and emotional trauma. That cap has never been adjusted for inflation, and it applies no matter how severe or life-altering the harm.

That means patients like Mr. Nava — and any Texan who suffers from a similar error — cannot be fully compensated for the devastation caused by a hospital’s negligence. It also means hospitals and their insurers are shielded from full accountability, reducing the financial incentive to prevent such errors in the first place.

This law was written over 20 years ago, but medical errors remain a leading cause of injury and death in the U.S. Every Texan who undergoes surgery faces some level of risk. If the worst happens, you should not be denied fair compensation because of an outdated cap designed to protect powerful institutions over patients.

Now is the time to reverse this injustice. The Texas Legislature must repeal the $250,000 cap on non-economic damages in medical negligence cases. This change would restore balance, ensuring hospitals take every precaution and that victims have the resources they need to recover and rebuild their lives.

No one should walk into an operating room in Texas knowing the law values their pain and suffering at a fixed, outdated price. We must change this — for Mr. Nava, for future patients, and for the safety of every Texan.

Sign this petition to demand Texas lawmakers put patients first and reverse the law shielding hospitals from full accountability.