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RICO Settlements: TMA's Leadership Against Payer Abuses Resulted in Relief, Reform - 04/09/2024

Back in 2001, the Texas Medical Association and the other plaintiffs alleged the nation’s major health plans had conspired to delay and reduce payments to clinicians and hospitals; the resulting lawsuits, brought under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), represented a watershed moment in TMA history.

Exceptional Circumstances: TMA Advocates “Legislative Clarity” Amid State Abortion Bans - 03/05/2024

TMA advocates “legislative clarity” amid state abortion bans.

TMA Wins Two More Surprise Billing Lawsuits; CMS Suspends Arbitrations - 10/03/2023

Marking a fourth victory for the Texas Medical Association in as many lawsuits, a court on Aug. 24 struck down a large portion of the regulations setting forth a methodology insurers use to calculate the qualifying payment amount, or QPA, used in surprise-billing disputes – part of a series of federal rules TMA has long argued skew the arbitration process in insurers’ favor.

Access to Care Improves After 20 Years of Medical Liability Reform - 09/13/2023

This week marks two decades since Texas voters approved a constitutional amendment to stop what some physicians and patients called a crisis situation. They say the effort ensured patients have greater access to doctors’ care.

The Top 5 Things That Get Physicians Sued - 08/23/2023

There are some obvious reasons physicians could face a medical liability lawsuit — surgical errors, misdiagnosis, and medication errors are some of the most common. But other issues related to communication, documentation, and staff conduct, also increase your legal risk.

Where Does Immunity for Government-Employed Physicians End? - 07/17/2023

The Texas Medical Association is fighting to ensure the Texas Supreme Court does not disrupt liability protections for physicians who are employed by a state medical school or other government entity.

Fighting Back: Practice Wins Court Battle Over Defamatory Online Reviews - 06/20/2023

One practice’s recent legal battle epitomizes physicians’ worst nightmares when it comes to online reviews. Here’s an extreme but glaring real world example, straight from the documents in a lawsuit that Austin Eye first filed in October 2017 over

Physician-Led Results: Medical Liability Reforms - 06/20/2023

TMA beat back bills threatening to widen physicians’ liability exposure, while strengthening the Texas Medical Board, which plays a critical role in both the oversight and licensure of physicians.

Bills Threaten Medical Liability Reforms - 02/15/2023

At least two bills have the Texas Medical Association on notice for threats that aim to weaken Texas’ landmark 2003 medical liability reforms meant to protect access to care and patient safety.

Court Considers Attack on Noneconomic Damages Cap - 02/09/2023

The bedrock of the medicine-backed 2003 tort reform legislation in Texas was a $250,000 cap on noneconomic damages in medical negligence lawsuits, a balance that the Texas Medical Association helped lawmakers strike between compensating injured patients and keeping physicians out of bankruptcy.

Graphic Warnings on Cigarette Packs Face Ongoing Legal Challenge - 09/09/2022

A court order – once again – has upheld enforcement of the Food and Drug Administration’s rule that cigarette packs must contain more colorful and graphic health warnings. The new deadline for implementing the rule, per the court order, is Oct. 6, 2023.

Picking the Right Battles: TMA Stands Up for Medicine in the Courts - 06/29/2022

When a big point of legal contention arises – “big” meaning impactful for Texas physicians and their patients – the Texas Medical Association responds big. That’s been the case for decades, including in the courts. 

Dulling the Pain of Future Damages: High Court Ruling Addresses Periodic Payments - 05/31/2022

Texas Supreme Court decision carries new implications for periodic payment of future medical expenses.

Legal Legacies: TMA General Counsel Rocky Wilcox Retires After 42 Years of Service - 05/01/2022

After nearly five decades of service to organized medicine, Rocky Wilcox, the man behind TMA’s storied history of advocating for physicians and their patients through the legal and legislative systems is retiring. But the legacy he leaves behind has put physicians in Texas – even across the nation – on solid legal ground.

Off-Label COVID Vaccines Can Expose Physicians to Liability - 09/20/2021

The Biden administration’s plan to make booster doses of the COVID-19 vaccines available as soon as Sept. 20 – which came and went on Monday without that availability – has raised questions among physicians about liability for giving the extra shots before they are fully approved.

Federal Law Offers Physicians COVID-19 Liability Protections - 09/03/2021

While the Texas Legislature passed stronger liability protections in Senate Bill 6, giving physicians breathing room to respond to a pandemic emergency, federal liability protections installed since the beginning of the COVID-19 pandemic also give doctors some latitude and peace of mind – specifically, around COVID-19 testing, drug treatment, and vaccinations.

TMA Argues to Overturn Physician Dispensing Ban - 07/15/2021

Two Texas physicians are taking on the state’s general ban on physicians dispensing medications out of their offices, now with support from the Texas Medical Association for their argument that the prohibition does more to protect pharmacies than patient care.

Physician-Led Results: Liability Protections for the Next Pandemic - 07/08/2021

Physicians inherently want to help people – that’s why they’re physicians. But as COVID-19 has shown, there may be no harder situation in which to help Texans than during the rigors and pressures of a pandemic.

Case Tests Liability Reform Meant to Curb Multiple Awards - 07/07/2021

A liability reform that prevents patients from tacking family members’ settlements onto jury awards stemming from the same case faces a court challenge, and the Texas Medical Association is weighing in to protect it.

Dispensing With Reason? Overturning State Ban on Providing Drugs From Physician Offices - 07/03/2021

Only a handful of states effectively ban physicians from dispensing medications out of their offices. Texas is one of them. Two Texas physicians have taken their case to the courts, arguing that the ban is unconstitutional because it does more to protect pharmacies than it does to protect patients. And TMA is lending its support to that argument.

Ruling Could Promote Frivolous Lawsuits, TMA Tells Texas Supreme Court - 06/13/2021

A recent appeals court decision could weaken a key piece of Texas’ 2003 medical liability reforms meant to cut frivolous lawsuits off at the head. In a friend-of-the-court brief filed last week, TMA and Texas Alliance for Patient Access (TAPA) tell the Texas Supreme Court that the law narrowly limits the amount of discovery – the exchange of information in a court case – before the person suing must produce an expert report. And there’s good reason for that, the groups say.  

Livelihood on the Line: Surgeon Sues Hospital over Alleged Disparagement, Malicious Peer Review - 06/10/2021

San Antonio cardiothoracic surgeon sues hospital over alleged disparagement, malicious peer. In less than two years, San Antonio cardiothoracic surgeon J. Marvin Smith III, MD, says his distinguished surgical career spanning about five decades was effectively wiped out.

Telemedicine, Liability Bills Move Ahead - 05/25/2021

One of the Texas Medical Association’s prime priorities – expanded telemedicine – is one step closer to being a fixture in Texas health care after the state Senate passed a TMA-championed measure on Monday to make permanent some COVID-19-era allowances for telemedicine.

Hospital Asks for Expedited Trial in Fort Worth Life-Sustaining Treatment Case - 04/30/2021

Believing that court-mandated, life-sustaining treatment is causing harm to a child in its care, Cook Children’s Medical Center in Fort Worth is attempting to resolve a highly publicized court case as quickly as possible.

Shelter in a Storm: Liability Legislation Would Protect Physicians in Disaster - 04/01/2021

The Texas Alliance for Patient Access (TAPA) announced in early March that Sen. Kelly Hancock (R-North Richland Hills) and Rep. Jeff Leach (R-Plano) would soon file COVID-19 liability legislation that would enhance liability protections to shield more physicians from lawsuits for care delivered during pandemics, hurricanes, and other catastrophic events that inject chaos into their good-faith medical efforts.