By David Dewhurst
Monday, September 16, 2013
Ten years ago this week, the Texas Legislature took
decisive action to improve access to healthcare and reduce frivolous medical
liability lawsuits filed by personal injury trial lawyers. In passing medical
liability reform, Texas strengthened the underpinnings of our economy, caught
the attention of quality doctors from across the country and set a standard
that our nation would be wise to emulate. Those tort reforms have been great
for Texas.
Before 2003, more than two-thirds of the state’s trauma
service areas experienced per capita loss in patient care physicians, largely
because the threat of medical liability suits made insurance excessively
expensive thus dramatically increasing the cost to practice medicine in Texas.
Responding to citizens concerned about one of the lowest doctor-to-citizen
ratios in the country, we spent the 2003 Legislative Session crafting
free-market approaches to lowering costs of liability insurance for doctors in
order to make sure every Texan had access to health care.
The resulting legislation, House Bill 4, capped the
potential non-economic damages in medical liability cases, essentially halting
frivolous lawsuits that were burdening specialists such as obstetricians,
neurosurgeons, and others. This was especially necessary since, at the time,
two-thirds of Texas counties had no obstetricians, 60% of counties had no
pediatricians, and 24 counties in the Rio Grande Valley had no primary care
physicians. HB 4 also empowered the Texas Medical Board to better protect
patients against those physicians who do commit medical errors.
The legislative battle was fierce, with opponents
dragging out debate for days, but HB 4 ultimately passed the Texas Senate with
an overwhelming bipartisan majority of 27 of the 31 state senators. That following
November, the citizens of Texas affirmed our efforts to increase access to care
by approving Proposition 12, the accompanying constitutional amendment.
Almost immediately after passage of HB 4 in 2003, medical
malpractice liability insurance rates dropped more than 40%, which led to
increased competition, more physicians applying for Texas licenses, and more
access to care for Texas families. Since that time, more than 30,000 new
physicians have been licensed to practice medicine in Texas. I'm especially
proud that these reforms increased the number of doctors in traditionally
underserved counties like Hidalgo and Cameron.
Looking back now, our legislative success in 2003 and its
positive impact on our state is proof that government can improve health care
when it institutes free market reforms then gets out of the way. In Texas, this
approach enabled hospitals and other health care providers to spend more in
treatment, prevention and the delivery of health care services and less on out
of control liability insurance costs. This also led to increased investment in
medical facilities, more health care jobs and a better quality of life for our
citizens.
All in all, we'd say the battle for tort reform was not
only worth the effort, but also set an example that our elected leaders in
Washington would be wise to follow. If the Texas model were to be adopted by
our sister states, it could offset some of the tragic consequences of the
passage of Obamacare.
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