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Tort reform has been a major plus for Texas

 
  The state, and Corpus Christi in particular, stand to benefit from capping of medical malpractice awards.  
  Caller Times,
August 28, 2004

 
 

You're not likely to get an "amen" on it from Texas plaintiffs' lawyers, but there are strong indications that the imposition of caps on medical malpractice awards in the state is having the desired affect. Tort reform has given physicians particularly those in high-risk specialties such as obstetrics-gynecology and neurosurgery some much-needed relief from sky-high malpractice insurance rates.

That was the object of last year's full court press on tort reform, which resulted in the Legislature's approval of caps on non-economic damage awards in medical malpractice suits, and the subsequent ratification (by a narrow margin) of Proposition 12. That meas-ure amends the state's consti-tution in order to confirm the Legislature's authority to impose the caps.

During a visit to Corpus Christi Tuesday, Gov. Rick Perry was clearly pleased by the progress made by the tort reform cause in the intervening months not least due to the fact that, in his view, this gives us a leg up in an on going game of one up manship. "We are putting Texas at a competitive advantage on other states that do not have the tort reforms in place that we have," he said.

Now, granted, there is a certain degree of self congratulation in the governor's remarks. The fact is, however, that the results to date bear out his claims. In a recent survey conducted by the Texas Hospital Association, hospitals that responded reported experiencing a sharp decline in malpractice suits and insurance premiums since the tort reform advocates' victory. Hospitals that had been averaging 160 lawsuits monthly from mid 2002 to mid 2003 now report they are averaging only 54 such suits each month.

This hits home with special impact here in Corpus Christi, which had become a happy hunting ground for medical malpractice suits. Matters had come to such a pass that many specialists had either retired or relocated. Indeed, physicians in a dramatic departure from form took to the streets in April 2004 to protest the litigation explosion and soaring malpractice insurance rates.

In the months that have intervened since tort reform took hold, the landscape has not changed utterly: Malpractice coverage is still an issue but physicians and hospitals have gotten some relief.

That has translated into some very positive developments. Notably, Driscoll Children's Hospital has successfully recruited a dozen or so pediatric specialists, two cardiologists, a general surgeon and a hematologist. At least one physician, Dr. Evelyn Merrill, a family medical doctor, intends to re-open her practice.

Not surprisingly, some attorneys continue to fume over the perfidy of tort reform, claiming malpractice victims are being denied justice in order to line the pockets of doctors, hospitals and insurers.

There may be some validity to certain of their claims, but think: Did the lawsuit happy pre Proposition 12 environ-ment really work for the common good? For the lawyers' good, sure but for caregivers and, most important, for patients, it was a grievous burden.