Three years later, TMA touts tort reform
On the third anniversary of Texas' sweeping medical tort reforms, the Texas Medical Association says more doctors feel more comfortable.
A TMA survey of 1,154 of its member doctors found that, since the damage-capping liability reforms went into play in September 2003, Texas doctors find it much easier to recruit new physicians to their communities -- even among high-risk specialties and in "lawsuit war zones" of South and East Texas. They also are more likely to accept patients with complex or high-risk problems, or offer patients new services, TMA reports.
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"This is our anniversary present to the people of Texas. The reforms have worked. They've lived up to their promise," says TMA President Dr. Ladon Homer. "As it should be, Texas physicians' No. 1 challenge is how to cure the patient, not how to avoid a frivolous lawsuit."
In 2003, the Texas Legislature enacted new laws to reduce the number of lawsuits filed against physicians and hospitals. The centerpiece of the reforms was a $750,000 cap ($250,000 for physicians, $250,000 for the first hospital or health care facility, and $250,000 for any additional facilities) on judgments for noneconomic damages, such as pain and suffering. Texas voters approved Proposition 12 in a statewide constitutional election Sept. 13, 2003, ratifying the legislature's authority to adopt the caps.
"The 2003 liability reforms were good medicine, the right medicine, for Texas," Homer says.
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