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Texas tort reform gets mixed reviews.(News)
When it comes to tort reform in Texas, physicians there say so far, so good.
In 2003, the state enacted a tort reform law similar to that of California, including a $250,000 cap on noneconomic damages. So far, that's been good news for Texas physicians, according to R. Moss Hampton, M.D., head of the Texas Association of Ob.Gyns.
"Everybody here would say it's been a success," said Dr. Hampton, who practices in Amarillo. He noted that the Texas Medical Liability Trust, the state's largest medical malpractice insurer, has reduced its rates 17% since the law went into effect.
"That's kind of set the tone for the state, and the state board of insurance is trying to get other carriers to do same thing, with some success," he said. "And a number of carriers are moving back into the state."
But "it's obviously early in the process," Dr. Hampton cautioned. "Everyone told us to expect initially that claims would go down, and [the question is] how soon it would take to start going back up.... We've also seen bills in the legislature trying to erode some of the gains we made, but so far none [has] taken hold."
Not everyone is pleased with the law. "I have no problems with my malpractice carrier, but this [law] is not the answer," said Jerry Frankel, M.D., a urologist practicing in McKinney, Tex. "The answer is to totally change the concept of malpractice."
Instead of the current system, Dr. Frankel supports a no-fault liability system, in which injured patients are reimbursed based on a set formula. "The way the system works now, only a tiny percentage of people get compensation, and 70% of money goes to lawyers and the court system," he said. "But if you leave the lawyers out and the courts out, 100% of compensation would go to victims of bad outcomes."
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Source: HighBeam Research, Texas tort reform gets mixed reviews.(News)