The Texas 2003 medical malpractice reforms that included a cap on awards for pain and suffering have led to a more robust insurance market for health care providers, according to a Texas Tech Law Review article.
"For the first time in years, Texas physicians can comparatively shop for medical liability policies," the report stated.
The article was written by six Texas attorneys who represent provider organizations: Donald Wilcox, general counsel for the Texas Medical Association; Charles Bailey, general counsel for the Texas Hospital Organization; and Gavin Gadberry, general counsel for the Texas Health Care Association. Medical defense attorneys Michael Hull, Brent Cooper and Michael Wallach also contributed.
Mr. Hull, general counsel for the Texas Alliance for Patient Access, said no plaintiffs' attorneys were represented because the study was meant for the most part as a "legislative intent roadmap" and not as an advocacy piece.
The report noted that in 1999, 17 licensed companies were writing new professional liabilities policies in Texas. Three years later the number was reduced to four.
"Since the passage of Proposition 12, 22 new carriers, including three admitted carriers, have begun selling malpractice insurance in Texas or will soon do so," said the report quoting the Texas Dept. of Insurance.
The report also said that the number of treating physicians available for hospitals has increased.
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