A Texas doctors group said an online survey of members reveals that since a 2003 law capped pain-and-suffering awards in malpractice cases, it is easier to recruit physicians in the state, and doctors are more willing to treat risky cases.

The Texas Medical Association in Austin reported that, according to the survey, sick and injured Texans now have more physicians who are more willing and able to give them the medical care they need–and closer to home as well–as a result of the state's 2003 health care liability reforms.

“This week marks the third anniversary of the liability reforms and Proposition 12,” said TMA President Dr. Ladon W. Homer, a pathologist from Fort Worth. “This is our anniversary present to the people of Texas. The reforms have worked. They've lived up to their promise.”

The online survey of 1,154 physician members of TMA found that since September 2003:

o Doctors find it much easier to recruit new physicians to their communities, even among high-risk specialties and in the “lawsuit war zones” of south and east Texas.

o Texas physicians are much more likely to accept patients with complex or high-risk problems, and many feel comfortable offering their patients new services.

“As it should be, Texas physicians' number one challenge is how to cure the patient, not how to avoid a frivolous lawsuit,” Dr. Homer said.

TMA said the online survey measuring physicians' attitudes and practice habits was conducted from Aug. 22 to Aug. 30, and 1,154 completed responses were received. Invitations to participate in the survey were sent via e-mail to 10,000 randomly selected physician members of TMA.

In 2003, the Texas Legislature, responding to what doctors described as a healthcare liability crisis, enacted new laws setting restrictions on lawsuits filed against physicians and hospitals.

According to the TMA, lawsuits and “jackpot-sized judgments” had led physicians' professional liability insurance premiums to skyrocket. As a result, many doctors reported they were drastically reducing their services–especially for the most severely sick or injured Texans–or were planning early retirement.

TMA said the centerpiece of the reforms was a $750,000 cap ($250,000 for physicians, $250,000 for the first hospital or healthcare facility, and $250,000 for any additional facilities) on judgments for non-economic damages, such as pain and suffering, in healthcare liability cases.

There is no cap on actual damages such as medical bills or lost income. The new law took effect Sept. 1, 2003. On Sept. 13, 2003, Texas voters approved Proposition 12 in a statewide constitutional election, ratifying the legislature's authority to adopt the caps.

“The 2003 liability reforms were good medicine–the right medicine–for Texas,” said Dr. Homer.

According to the TMA, the Texas Medical Board is anticipating a record 4,500 applications for new physician licenses this year. That is more than 40 percent greater than in 2005, which had been the board's busiest year on record.

Texas Medical Board Executive Director Dr. Donald Patrick said the success of the state's liability reforms is the “only one viable hypothesis” to explain the huge increase.

The TMA survey found that of the 117 survey respondents who were not practicing in Texas in September 2003, 90 percent say the Texas professional liability climate was “very important” or “somewhat important” in their decision to begin practicing in Texas. And 83 percent said the current liability climate for physicians in Texas is “much better” or “better” than the state from which they came.

More details on the impact of the reforms are online at the Professional Liability Insurance Reform page on the TMA Web site at http://www.texmed.org/.

TMA said other key findings from the survey include the following:

o Compared with TMA's 2004 survey results, more physicians (45 percent versus 37 percent) have tried to recruit new physicians to their practice, hospital, or community.

o 87 percent of those who tried to recruit found the recruitment process easier since 2003. Only 13 percent found it more difficult. That compares with 2004, when 39 percent found it easier and 34 percent more difficult to recruit.

Special Reports /

Texas MDs Say Tort Caps Improve Treatment Climate

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