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The Texas Medical Association has gone to court to protect the historic and hard-won tort reforms the Texas Legislature passed in 2003 and to make sure patients continue to have better access to medical care.
TMA joined Corpus Christi orthopedic surgeon John McKeever, MD, the Texas Alliance for Patient Access (TAPA), and the Texas Hospital Association to resolve several constitutional challenges to the centerpiece of the reforms: the cap on noneconomic damages – such as for pain and suffering – that may be awarded in a medical liability case.
"TMA will fight to keep Texas' 2003 liability reforms," said TMA President William W. Hinchey, MD. "Compared to 2003, Texans today have more access to the medical care they need, especially in emergencies, so the cap on noneconomic damages has helped save peoples' lives. More doctors, especially emergency room care and high-risk specialists, are now practicing in Texas. This has allowed more patients to get the timely and specialized care they need closer to home," he said.
The action, filed Feb. 8 in an Austin state district court, is in response to a liability case against Dr. McKeever that claims the noneconomic damage cap is unconstitutional.
The plaintiff is alleging poor aftercare from arthroscopic knee surgery, which caused him to lose cartilage in his knee. Although the plaintiff is not limited in his potential recovery for medical bills, lost wages, and rehabilitation, he contends the law's $250,000 cap on any potential pain and suffering award is unconstitutional and should be ruled invalid. In effect, he alleges the cap on damages is unconstitutional under various provisions of the Texas Constitution, including those relating to equal protection, open courts, due course of law, separation of legislative and judicial powers, local or special law, jury trial, and the constitutional amendment pertaining to legislative limitation on certain damages.
"We cannot let medical lawsuit abuse ravage our state's health care system again," Dr. Hinchey said. "Dr. McKeever's case is only one of several out there now that are challenging the cap. We sued to make sure that Texas courts have an opportunity to put that idea to rest once and for all."
Dramatically lower liability insurance premiums for physicians and increased access to care for patients are just a few of the benefits since TMA and its allies convinced lawmakers to pass the tort reform legislation and convinced Texas voters to approve Proposition 12, the accompanying state constitutional amendment. See the TMA Web site for more details on the healthy benefits of Proposition 12 and the health care liability reforms.
Action, Feb. 15, 2008
Last Published: 2/15/2008 Print this page
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