More on pre-Answer options; and duty of candor and care concerning pleadings

Question 1

Ingraham v United States 1987 Case ** Medical malpractice did not plead an affirmative defense

Answer 1

Issue
Whether the statutory limitation on medical malpractice damages under the Texas Medical Liability and Insurance Improvement Act constitutes an affirmative defense that must be timely raised during the trial and, if not raised, is waived.

Holding
The Fifth Circuit Court of Appeals held that the Texas statutory limit on medical malpractice damages is an affirmative defense that must be timely pleaded, and in this instance, the defense had been waived.