Overview of Tort Reform
Texas:
Medical Malpractice was in a crisis before the Texas legislature enacted House Bill 4 and Proposition 12 in 2003. Some of the most significant statistics in the short period leading up to the passage:
- The frequency and severity of claims increased dramatically from 1989 to 1999
- The average non-economic damages award increased from $300,000 to $1,400,000
- Claims frequency rose from 13 of 100 doctors to 23 of 100 doctors (an increase of 77%)
The passage of HB4 provides a $250,000 cap on awards for non-economic damages (damages associated with pain and suffering). In addition, voters approved a constitutional amendment in 2004 which protects HB4 reforms from future legal challenges.
Weekly Tip: Did you know that risk management starts even with the Initial Consultation?
The initial contact with the patient is usually through your receptionist. This employee should be well-coached as to the limitations on information that can be conveyed. An example of this might be: avoid discussing aspects of a procedure that would be better left to you, as the physician.
The initial contact with the patient is usually through your receptionist. This employee should be well-coached as to the limitations on information that can be conveyed. An example of this might be: avoid discussing aspects of a procedure that would be better left to you, as the physician.
