Is Texas Tort Reform Working?

By Guglielmo, Wayne J. | Medical Economics, November 17, 2006 | Go to article overview

Is Texas Tort Reform Working?


Guglielmo, Wayne J., Medical Economics


Supporters of tort reform have been pointing to Texas with all the unabashed pride of new parents.

In 2003, lawmakers in the Lone Star State passed one of the toughest legal reform packages in the nation, which included a $250,000 cap on noneconomic damages. (If the case also involves hospitals or similar institutions, there's another $250,000 liability limit for the first defendant, and up to $500,000 for two or more defendants, for a total cap of $750,000.)

Following passage of the legislation, its proponents, including the Texas Medical Association, took an extra step. Fearing that the trial attorneys would tie up the new law in the courts, as they had similar legislation in Texas and other states, supporters placed Proposition 12 before voters. This public referendum gave lawmakers the constitutional authority to do what they'd already done.

This September, the TMA marked the third anniversary of its victory by distributing the findings of its online physician survey. The results: Texas doctors are now finding it much easier to recruit new physicians to their communities; are more likely to accept patients with complex or high-risk problems; and are more likely than not to rate the state's professional liability climate as "excellent" or "good." Of doctors whose coverage and practice location have remained constant since 2003, about half said their premiums had dropped by up to 20 percent, and slightly more than 1 in 4 said their premiums had dipped by more than 20 percent.

Earlier in the year, Texans who favored stricter liability laws had another reason to cheer. In May, the San Francisco-based Pacific Research Institute, the self-proclaimed "free-market think tank," rated Texas first on its 2006 US Tort Liability Index, which presumably makes it a great place to do business or to practice medicine. The authors of the study praised the state's "relatively low monetary tort losses" and its "recent tort reforms," including its cap in medical malpractice suits. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Is Texas Tort Reform Working?
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.