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.
Under Texas law, physicians treating COVID-19 patients in a volunteer capacity have potential defenses against lawsuits that might arise from that care.
Many Texas physicians have stepped up to care for patients during the COVID-19 pandemic. This includes retired physicians and others who have volunteered their services in areas where they are needed most. If you’d like to volunteer but are concerned about your potential liability, check out TMA's recent white paper.
As physicians and other health care workers risk their health, stretch themselves thin, and deal with uncertain availability of resources to fight COVID-19, the Texas Medical Association is asking Gov. Greg Abbott to restrict litigation stemming from the pandemic.
Texas Medical Liability Trust (TMLT), the largest medical liability insurance provider in Texas, has announced several changes to help members care for COVID-19 patients and to offer relief from financial hardships related to the pandemic.
Without the cap, what is tort reform, exactly? Texas physicians hope they won’t have to answer that question. But a couple that won a 2019 negligence lawsuit is taking aim at the centerpiece of the state’s 2003 medical liability reforms: the $250,000 cap on noneconomic damages.
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.
The video below — published by the Texas Medical Liability Trust and hosted by its Vice President of Risk Management Lesley Viner— covers the top five common issues that could leave you open to a medical liability lawsuit.
TMLT, the only medical professional liability insurance provider created and exclusively endorsed by the Texas Medical Association, is a self-insured, not-for-profit trust that provides reliable coverage against medical liability claims and more. Call (800) 580-8558, (512)-425-5800 or visit www.tmlt.org for more information.
Thanks to the Texas Supreme Court's decision in Perkins v. Skapek, physicians employed by a government institution still can perform clinical duties at a non-government facility without giving up immunity from lawsuits.
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Looking for resources to promote health equity? TMA’s Social Determinants of Health Resource Center provides a wealth of information for physicians seeking to learn more about social factors that drive health outcomes. The resource center includes links to educational material, screening tools, care management resources and more.
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