Q: Three years ago, Texas voters passed Proposition 12 which granted limited lawsuit protections to doctors in our state. Is it too early to tell if Prop 12 did what it was designed to do?
A: Most in the medical community would say it has accomplished its purpose — placing an upper cap on malpractice suits that had driven doctors' insurance coverage rates out of sight — but it has also generated a number of side effects.
Texas suddenly became a more attractive state in which to practice medicine. Staff at the Texas Medical Board has been inundated by out-of-state doctors wanting a Texas medical license. A record 4,026 applications were received by the board last year, 34 percent more than 2005, which was the previous busiest year. And currently, Texas has a waiting list of 2,594 applicants seeking medical license to practice in the state.
"Lawmakers were hoping the reforms would end soaring insurance costs and the exodus of doctors from Texas, and indeed they have," said former Houston state representative Joe Nixon, who authored the legislation. "Three years ago, we were having trouble attracting doctors to our state. Now we can't keep up with the demand. Clearly, Texas ' lawsuit protections have made this state a magnet for new physicians."
Nixon said the immediate surge of medical license applicants caught everyone by surprise. "By fixing one problem we created another," he said. "The difference is, this is a good problem to have."
Eighty-two percent of the applicants for new licenses are coming from out of state, with New York , Florida , Illinois , Pennsylvania and Massachusetts leading the way. A handful are also from hurricane-torn areas such as Louisiana and Mississippi .