Liability Reform

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.

The Top 5 Things That Get Physicians Sued - 09/28/2021

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.

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.

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.

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.  

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.

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.

Take Your Leadership Skills Even Higher With CME From TMA - 03/12/2021

The Texas Medical Association is here to help you be an even more effective leader through variety of on-demand webinars, podcasts, and online courses, all available in the Texas Medical Association Education Center.

Take Action: Scope, Liability Bills on the Move - 03/12/2021

Advanced practice registered nurses (APRNs) are telling lawmakers they need the authority to diagnose and prescribe independent of physician supervision has been referred to the Senate Business and Commerce Committee for a hearing to be scheduled soon Take action now. Contact your state lawmakers via the TMA Grassroots Action Center today to let them know if they want to improve access to safe, quality health care in Texas, they must expand opportunities for physician-led, team-based care.

Preserving Medical Liability Protections - 02/05/2021

Preserving Texas physicians’ liability protections is critical to providing access to health care.

Tort Reform on Trial: Houston Case Challenges Noneconomic Damage Cap - 06/01/2020

Houston case poses challenge to key tort reform limit on noneconomic damages.

Could You Be Liable for Volunteer COVID-19 Care? - 05/29/2020

If you’d like to volunteer during the COVID-19 pandemic but are concerned about your potential liability, the Texas Medical Association has created a white paper that reviews several state statutes that could offer protection should you face a lawsuit.

Disaster Liability - 05/18/2020

Expansion of the Good Samaritan law to volunteer health care professionals and sponsoring health care institutions for care, assistance, or advice provided during a disaster

Preserve Physician Liability Protections in Emergencies - 04/09/2019

We are very concerned about how this bill will damage Texas’ ability to attract and sustain highly trained, competent doctors, including obstetricians and gynecologists, and specialty doctors such as maternal fetal medicine physicians and urogynecologists. This bill will hamper physicians’ ability to make ethical and professional decisions in the best interest of their patients for fear of repercussions.

Medical Liability Reform Anniversary: More Doctors to Care for Texas Patients - 09/10/2018

In the 15 years this month since Texas passed landmark medical liability reform, the state’s patients have enjoyed greater access to physicians’ care, as more doctors practice medicine throughout the state. House Bill 4, the Medical Malpractice and Tort Reform Act, and passage of Proposition 12, a constitutional amendment, lessened the likelihood of frivolous lawsuits against physicians and hospitals.

Protections Preserved for University-Employed Physicians - 07/17/2018

The Texas Supreme Court blocked a challenge to liability protections for physicians employed by state medical schools, a legal victory for TMA. Thanks to the court’s decision, physicians employed by a government institution, like a publicly funded medical school, still can perform clinical duties at a non-government facility, like a private hospital, without giving up immunity from lawsuits.

“We don’t want to go back to those days, ever.” - 07/02/2018

TMA Alliance member James Duerr is as passionate as the doctors he advocates for.

High Court Decision in Nondisclosure Case A Win For Medicine - 06/20/2018

The Texas Supreme Court sided with the Texas Medical Association in a nondisclosure case that TMA warned would have significant, troubling implications had it gone the wrong way.

Where Does Immunity for Government-Employed Physicians End? - 05/03/2018

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.