Stories with related Professional Interests

Final Verdict? Case Tests Court's Ability to Overturn a Jury Verdict - 06/12/2019

It was an overwhelming, 12-0 verdict – a jury’s unanimous rejection of a negligence case against a Laredo physician. Then, a judge took that decision away and ordered a new trial – not because of jury misconduct, or any procedural stumble that usually negates a court decision. It was taken away, essentially, because the judge said so.


Medical Futility Law Sustained - 05/28/2019

Court tosses out challenge to ethics committee review of end-of-life care.


Breaking Up Is Hard to Do: Physicians Can Get Subpoenaed in Divorce Cases - 03/11/2019

Physicians subpoenaed to participate in a divorce case, whether to testify or simply to supply medical records to the court, could find themselves at the center of an acrimonious split. There are certain things they should know.


Want To Learn More About Medical-Legal Issues? - 01/17/2019

If you’ve ever wanted to know more about the legal issues associated with medicine, plan to attend the Physicians and Hospitals Law Institute, scheduled for early February in San Antonio


Supreme Court Agrees With TMA on Negligence Standard in Liability Case - 01/04/2019

After performing a grammatical deep dive, the Texas Supreme Court has sided with an obstetrician-gynecologist who argued that a higher standard of negligence should apply in a lawsuit against him over complications from a 2011 delivery.


Court Sides With Medical Examiner in Suit Over Autopsy - 12/21/2018

With the Texas Medical Association’s help, a Harris County medical examiner has won the latest battle in a lawsuit over an autopsy he performed following a woman’s 2007 shooting death.


Legal Examination: Case Tests Lawsuit Immunity For Medical Examiners - 12/21/2018

Case tests lawsuit immunity for medical examiners.


Punching Back: Hospital System Sued Again Over Alleged Peer Review Misconduct - 11/02/2018

Hospital system sued again over alleged peer review misconduct.


TMA Objects to Consent Form Changes - 10/31/2018

The Texas Medical Association has issued strong opposition to proposed amendments to the Texas Medical Disclosure Panel’s medical and surgical procedure form, saying they could “inject uncertainty into the informed consent process and thereby increase the likelihood of litigation.”


TMA Argues to Keep Higher Negligence Standard in Emergency Care - 10/23/2018

In a joint friend-of-the-court brief, the Texas Medical Association, Texas Alliance for Patient Access, Texas Hospital Association, and several other organizations told the Texas Supreme Court that proving a negligence case over emergency medical care in an obstetrical unit requires a higher-than-normal standard of proof under state law.


Coming of Age: Celebrating 15 Years of Texas Tort Reform - 09/14/2018

After 15 years, the power of Texas' tort reforms shows up in both the numbers and the attitudes of physicians across the state, with less pressure to practice defensively, and more specialists filling rural voids.


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.


High Court Sides With Medicine in Nondisclosure Case - 08/21/2018

TMA fights to spare physicians from additional disclosure requirements not part of informed consent, and the Texas Supreme Court agrees.


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.


Sunset Commission Calls for Mandatory Pain Med History Checks - 02/22/2017

In its Report to the 85th Legislature the Sunset Advisory Commission recommends breathing 12 more years of life into the Texas Medical Board and goes into great detail about TMB's oversight of physicians who prescribe "extremely addictive and dangerous drugs, particularly drugs designed for patients with chronic pain, as some of these drugs contribute to an epidemic of addiction and overdose throughout the country." The commission recommends "the board target its inspections of pain management clinics toward the top prescribers, that the board more effectively monitor prescribing patterns through the newly enhanced Prescription Monitoring Program (PDMP), and that physicians and physician assistants be required to search the program and review a patient's prescription history before prescribing dangerous pain medications."


TMA Supports JUA's Ability to Write New Business - 10/25/2016

On Oct. 5, TMA sent a letter urging Texas Department of Insurance (TDI) Commissioner David Mattax to prevent the Texas Medical Liability Insurance Underwriting Association (JUA) from suspending the writing of new business. The JUA, established in 1975, is "critically important as a last stop gap to assure that licensed physicians and health care providers are able to continue to provide medical and dental care for their Texas patients," TMA wrote.


Houston Judge Says DOs Can't File Commitment Papers - 10/14/2016

TMA and a host of other physician organizations are fighting a judge's ruling that would prohibit doctors of osteopathy (DOs) from filing certificates of medical examinations needed for mental health commitments.


Texas Hits Record for New Physician Applications - 10/11/2016

The Texas Medical Board (TMB) finished is fiscal year last month having received a record number of new physician applications. TMB received 5,544 new applications, up 3 percent from the previous year's record 5,377 applicants.


TMA Backs Definition of Emergency in Obstetrical Case - 10/11/2016

Last month, TMA signed on to the Texas Alliance for Patient Access' (TAPA's) friend-of-the-court brief to support the application of the willful and wanton standard in a lawsuit involving emergency obstetrical care. TMA, TAPA, and other signatories contend emergency care provisions apply to medical care provided in an obstetrical unit without the pregnant patient first having been evaluated in a hospital's emergency department.


TMB Adopts Call Coverage Rules - 10/11/2016

At its Aug. 25 meeting, the Texas Medical Board (TMB) voted to adopt without change its recently proposed call coverage rules. The rules outline requirements for two models for call coverage: a reciprocal call coverage arrangement for physicians in the same or similar specialty and a nonreciprocal arrangement that does not require reciprocal call coverage.


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.


Texas Negligence Case to Proceed in New Mexico - 06/22/2016

Texas physician Eldo Frezza, MD, is facing a negligence lawsuit filed in New Mexico, but he has organized medicine on his side. Frezza v. Montaño has reached the New Mexico Supreme Court after lower courts ruled New Mexico law should apply to the case. Texas Alliance for Physician Access, New Mexico Medical Society, TMA, the American Medical Association, and many others, including several county medical societies, are joining to submit a friend-of-the-court brief to the Supreme Court on behalf of Dr. Frezza's effort to stop New Mexico law from applying to the case. Texas Medical Liability Trust is also submitting an amicus brief.


TAPA Creates Sample Release Forms for New Mexico Patients - 06/22/2016

The New Mexico Legislature recently passed House Bill 270, which allows Texas physicians to obtain a signed agreement from New Mexico patients stating 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 has developed two forms, one for emergency treatment and one for voluntary treatment.


Supreme Court Ruling Maintains Six-Year Limit on Damage Claims - 06/22/2016

A U.S. Supreme Court ruling has physicians who care for patients enrolled in federal health care programs breathing easier. The ruling in KBR v. United States of America Ex Relator Benjamin Carter prevents doctors from facing civil lawsuits for an unlimited period of time and maintains the six-year limitation on damage claims under the False Claims Act.