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Burgess Gives Nation Texas-Style Liability Reform "Gift"

 
     

Sept. 19, 2007

As Texans mark the fourth anniversary of our historic 2003 medical liability reforms, U.S. Rep. Michael Burgess, MD (R-Lewisville), has introduced a bill to share the Texas-style reforms with the rest of the nation.
"All Americans deserve to enjoy the benefits Texas has seen thanks to the eradication of our epidemic of health care lawsuit abuse," said Texas Medical Association President William W. Hinchey, MD. "Representative Burgess is giving the country a tremendous 'anniversary gift.' "

Representative Burgess introduced in Congress the Medical Justice Act of 2007. It includes many of the key provisions of Texas' 2003 law, including the $750,000 aggregate cap on noneconomic damages in health care liability cases. The Texas law took effect on Sept. 1, 2003. Twelve days later, Texas voters ratified the legislature's authority to set caps by passing a constitutional amendment known as Proposition 12.

In the four years since then, Texans have seen:

- Improved access to medical care, especially for children, pregnant women, the aged, the poor, those seeking emergency treatment, and those in rural Texas;

- Increases in the ranks of medical specialists, after years of decline;

- Doctors bringing critical specialties to underserved areas of the state;

- Hospitals upgrading equipment, expanding their emergency rooms, launching patient safety programs, and expanding their level of charity care;

- Stable and reduced liability insurance premiums for physicians and hospitals (Texas Medical Liability Trust, the state's largest physician liability carrier, just announced its fifth straight premium reduction, a 6.5-percent cut effective Jan. 1, 2008);

- Increasing competition in the health care liability insurance market; and

- Steep reductions in the number of health care liability claims and lawsuits filed in most Texas counties.

"Since our new law took effect, Texas has licensed 10,878 new physicians, including a record 3,324 in fiscal year 2007," Dr. Hinchey said. "This has been good medicine for the people of Texas, and Dr. Burgess' plan would apply this life-saving treatment to the rest of the country."

TMA is the largest state medical society in the nation, representing more than 42,000 physician and medical student members. It is located in Austin and has 120 component county medical societies around the state. TMA's key objective since 1853 is to improve the health of all Texans.