Texas "Tort Reform" Helped Doctors But Not Other Texans
On the tenth anniversary of the enactment of “tort reform” in Texas that dramatically limited damages in medical malpractice lawsuits, Gov. Rick Perry was shocked that anyone could doubt the law’s success. “I’m just continually surprised that some people still want to argue that tort reform didn’t work.” That’s because Gov. Perry is only looking at the impact on doctors. He doesn’t care about the impact on patients or the millions of other Texans
Doctors in Texas now have lower medmal insurance premiums to pay and face sharply reduced risks of being held accountable for their negligence. The doctors are doing just fine.
The patients? Not so good. The cap on damages and new expert-witness rules sharply reduced the ability of a law firm to handle a medmal case for years, fronting the costs of preparation and litigation, and to find an expert who would qualify as a witness in court. Lawyers are simply turning away many cases that might have been filed prior to 2003.
Moreover, the basic promises of the proponents of the medmal limits have never been met. They promised more access to health care, more doctors, and lower health care costs. But an objective study by respected academicians show no positive impact on the number of doctors. Even a leading critic of the plaintiffs’ bar declared that he would no longer claim that the Texas law increased doctor supply.
And even the most fervent supporters of the Texas medmal law won’t claim that it bent the healthcare cost curve. Their costs haven’t stopped climbing at all. The doctors just pocketed the savings in insurance premiums.
And worst of all, the doctors’ reduced risk of malpractice liability means Texans are at higher risk of suffering from deadly medical errors. Doctors moving into Texas didn’t have to worry about extensive background checks, because the state licensing board didn’t bother to conduct them for years.
All this led a nationwide Tea Party leader, Judson Phillips of Tea Party Nation, to slam the Texas tort reform myth and warn Americans that we risk losing precious rights protected by the 7th Amendment.
All this is lost on Rick Perry. But of course we already know that he’s not very good and recognizing and remembering facts, don’t we?
Source: http://7thamendmentadvocate.org/blog/2013/09/texas-tort-reform-helped-doctors-not-patients/
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