Liability Reform

Good Samaritan Law - 08/16/2019

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


Federal Tort Reform Bill Should Mirror Texas Law, Groups Say - 06/26/2019

Physicians, hospitals, and other health care providers throughout Texas would lose substantial protections against frivolous medical lawsuits if a bill working its way through the nation's capital becomes law, two Texas medical groups say.


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.


March 12 Hotline: Bill Provides Liability Protections For Physicians During Disasters - 03/12/2019

The Senate State Affairs Committee unanimously approved a bill Monday that would provide limited liability protections to volunteer physicians and other health care professionals who provide care during disasters in Texas.


Governor Recognizes 15 Years of Texas Tort Reforms - 09/25/2018

It’s a milestone so big for Texas medicine, it was worthy of official recognition from the governor. Gov. Greg Abbott honored the 15th anniversary of Texas’ medical liability reforms on Sept. 1 with an official proclamation.


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.


The Top 5 Things That Get Physicians Sued - 06/05/2018

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? - 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.


Texas Supreme Court Lets Liability Protections Stand - 05/03/2018

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.


Gone to Texas - 04/24/2018

A decade has passed since the Texas Medical Association won landmark reforms of the state's medical liability system. The result has been more physicians practicing in Texas, thus improving patients' access to care, and dramatically lower liability insurance premiums for physicians.


TMA to Congress: No Sneak Torts - 04/17/2018

The Texas Medical Association, the Texas Medical Liability Trust, and other liability insurers are asking Congress to make sure the Patient Protection and Affordable Care Act does not create new theories of liability or alter the rules governing medical professional liability lawsuits.


Hospital-Based Physicians 2017 Legislative Wins - 08/16/2017

As hospital-based physicians, you won some key victories in the 2017 Texas Legislature. That’s because Texas Medical Association — now more than 50,000 members strong — did its part by representing all specialties across Texas, and working closely with physicians like you to protect your time, income, patients, and the community you serve.


Orthopedic 2017 Legislative Wins - 08/11/2017

As an orthopedic physician, you won some key victories in the 2017 Texas Legislature. That’s because Texas Medical Association — now more than 50,000 members strong — did its part by representing all specialties across Texas, and working closely with physicians like you to protect your time, income, patients, and the community you serve.  


All 2017 Legislative Wins - 08/10/2017

As a Texas physician, you won some key victories in the 2017 Texas Legislature. That’s because Texas Medical Association — now more than 50,000 members strong — did its part by representing all specialties across Texas, and working closely with physicians like you to protect your time, income, patients, and the community you serve. Here are some highlights:


2015 Legislative Wins: Emergency Medicine Physicians - 07/06/2017

2015 Legislative Wins: Emergency Medicine Physicians


Texas Wins Tort Border Battle - 04/06/2017

The New Mexico Supreme Court ruled Monday in favor of a Lubbock physician entangled in a question of whether Texas or New Mexico law should apply in a liability case involving care that was provided in Texas but for a New Mexico patient.


Higher Liability Caps Would Hurt Access to Care - 04/04/2017

I am concerned about the future of medical care in our community, and many, many others like it in Texas. Physicians in rural areas already work harder and make less money due to cuts in payment. I’m age 55. Our eldest physician, Rusty West, is 58. It’s always been difficult to recruit doctors to come to a rural community. But I am convinced that it will be even harder to recruit if the cap is raised and insurance premiums go back up again. There is a point when the practice of medicine in rural Texas becomes economically unsustainable. Raising the cap on damages moves us to that point as the increased cost can’t be passed on to our patients, many of whom are on Medicare and Medicaid.


Liability Reform Let Fredericksburg Doctors Deliver Babies Again - 04/04/2017

In June 2003, the legislature passed a damage cap, and voters approved that damage cap a few months thereafter. In October of that year, we decided to return to obstetrical practice. We proudly ran an ad in the local paper that read: “We’re Back! Thanks to the voters who passed Proposition 12, we are reopening our obstetrical practice!” I went into medicine to do what I loved to do. But the liability crisis forced my partner and me to stop delivering babies. Because of reform, we could reopen our obstetrical practice. 


Proposition 12 Produces Healthy Benefits - 07/27/2016

Proposition 12 continues to produces healthy benefits. Improving access to medical care is critically important to all Texans. This is especially true for children, pregnant women, the aged, the poor, those in an emergent condition and those in rural Texas. Charity care has greatly increased since the passage of the 2003 reforms.


Download Release Forms for New Mexico Patients to Sign - 07/08/2016

The passage of House Bill 270 by the New Mexico Legislature allows Texas physicians to obtain a signed agreement from New Mexico patients stating that should they wish to file a lawsuit they will do so in Texas court. To assist physicians in taking advantage of the law's protections, the Texas Alliance for Patient Access (TAPA) has developed two forms, one for emergency treatment and one for voluntary treatment. You can download the emergency treatment and voluntary treatment forms in English and Spanish from the TMA website.


TMLT Cuts Premiums Again - 06/22/2016

For the ninth consecutive year since tort reform, the Texas Medical Liability Trust (TMLT) is cutting its liability insurance premiums. This time, the TMLT Board of Governors approved an average 6.9-percent cut in liability premiums and an 18.5-percent dividend for renewing policyholders.


TMA to Congress: Protect Texas Tort Reform Gains - 06/22/2016

TMA President Austin I. King, MD, reached out this week to the U.S. Congress asking that lawmakers protect hard-won tort reform gains in Texas by not passing federal statutes that could water down or supersede state law.