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Medical Futility Law Sustained - 05/20/2019

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


Final Verdict? Case Tests Court's Ability to Overturn a Jury Verdict - 05/20/2019

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.


Prohibit Chiropractors From Practicing Neurology - 04/29/2019

The current statutory definition of chiropractic references its focus on the musculoskeletal system. SB 1867 would add “neuro” to its definition. We find this an unwarranted expansion, contrary to patient health care, and unsupported by chiropractors’ education and training.


Chiropractors Are NOT Neurologists – Don’t Expand Their Scope - 04/03/2019

Simply alleging that the basis of this proposal is the impossibility of treating conditions related to the “musculoskeletal” system without a neurological connection is misleading, oversimplified, and potentially dangerous. Adding the term “neuro” is not merely the addition of the nerves that may connect muscle tissue or bones. It is the addition of the entire neurological system that includes the brain, the spinal cord, and the regulation of many bodily functions – all well beyond chiropractors’ education and training.


Stop APRN Scope Expansion - 04/03/2019

Medical school was a very humbling experience as I learned the depth of what I did not know as a nurse practitioner. Many times I realized I had inadvertently provided improper treatment for a patient simply out of ignorance. I came to realize, for example, the reason I struggled to understand how to interpret lab data as a nurse practitioner was that I hadn’t gained the in-depth knowledge of normal physiology and abnormal pathophysiology required to understand the “why” behind the lab tests.


Respecting the Roles: TMA Battles Another Round of Scope of Practice Bills - 03/28/2019

When nonmedical professionals ask the Texas Legislature for the authority to practice medicine, TMA mounts a full-court press, letting lawmakers know why there are some roles only physicians can fill.


Pharmacy Board Nixes Proposal That Could’ve Broadened Pharmacists’ Scope - 03/14/2019

Medicine’s objections were strong, and the state’s draft rules allowing pharmacists to perform medication therapy management services aren’t going to make it after all.


Strengthen and Renew the Texas Medical Board - 03/13/2019

First, TMA and our physician members support a strong Board, a strong agency – but one that is fair and transparent. We believe this bill advances these principles for both the public and the profession. At the same time, we would favor the inclusion of three items we believe are consistent with the bill and provide some clarity.


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.


The Right to Fight: Attorney-Client Protections for Physicians and Other Professionals Under Threat - 03/05/2019

The Texas Medical Association is asking the Texas Supreme Court to make sure physicians can maintain the right to keep attorney-client communications private when doctors testify as experts in their own cases.


High Court Decision Brings Favorable Wind for Physician Experts - 02/22/2019

The Texas Supreme Court has sided with the Texas Windstorm Insurance Association – and by extension, with medicine – in a case that impacts physicians who testify as expert witnesses in their own defense.


Healthy Vision 2025 Calls for Teamwork, not Scope Expansion - 02/07/2019

The sentence has appeared in every edition of the Texas Medical Association’s Healthy Vision series since the first Healthy Vision 2010 was published 14 years ago: “TMA opposes any efforts to expand any health professionals’ scope of practice beyond what is safely permitted by their education, training, and skills.” That focus on safety remains an integral part of  Healthy Vision 2025 , published last week. And that sentence remains, verbatim.    


Help TMA Fight Independent Practice For APRNs - 02/07/2019

Please contact your state lawmakers today through the new TMA Grassroots Action Center. Let them know you support physician-led, team-based care. Tell them how much you learned in your years of medical school, residency, and beyond. Tell them why APRNs are NOT the answer to Texas’ physician shortage. Ask them to say “No” to the APRNs and to help the Texas Medical Association stop them.


The Eight Years’ War: Court Sides With TMA in Long-Running Chiropractic Case on Vestibular Testing - 02/04/2019

In a split victory, TMA once again prevailed in November 2018 when the Third Court of Appeals upheld a trial court’s decision that chiropractors don’t have the authority to perform vestibular-ocular-nystagmus testing (VONT). However, a recent change to state law caused the appeals court to find in the Texas Board of Chiropractic Examiners’ (TBCE’s) favor on the use of the word “diagnosis” in the board’s administrative rules — meaning chiropractors can diagnose, but only within their scope of practice.


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.


“A Threat to All Texas Physicians:” TMA Backs Surgeon in Defamation Suit - 01/02/2019

Miguel Gomez, MD’s well-publicized legal fight isn’t over yet. In its latest turn, the Texas Medical Association is still standing behind the surgeon as he fights to uphold a verdict against one of the state’s largest nonprofit hospital systems for defaming him.


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

Case tests lawsuit immunity for medical examiners.


TMA Wins Changes to Proposed Informed Consent Forms - 12/14/2018

The Texas Medical Disclosure Panel (TMDP) will take another run at amending its medical and surgical procedure form after the Texas Medical Association submitted strong objections to the form TMDP proposed in September.


Opioid Overreach? State, Retail Pharmacy Policies Prompt Scope-of-Practice Concerns - 12/07/2018

Worries over what’s been termed a national opioid epidemic is leading to new state and corporate pharmacy policies that could blur the line between the practice of pharmacy and the practice of medicine.


Physicians Warn of Overreach in New Pharmacy Prescription Rules - 12/05/2018

Physicians are questioning whether some Texas pharmacists are overstepping bounds by using a new rule to second-guess whether a doctor’s prescription is appropriate.


Specialties List Scope, Balance Billing Among Top Targets for 2019 - 12/04/2018

Representatives of more than 20 specialty societies ran through each organization’s top priorities for the 2019 Texas Legislature during the Texas Medical Association’s annual Advocacy Retreat on Saturday morning at the Renaissance Austin.


Should Texas Change the Rules for APRNs? - 11/13/2018

Texas is facing a chronic physician shortage, especially in rural areas and urban cities. Some argue that giving advanced practice registered nurses more leeway to prescribe and treat patients will help address that shortage. But is that a workable solution? A panel discussion at the Texas Public Policy Foundation, a conservative think tank in Austin, set out last week to address this contentious issue.


TMA Backstops Surgeon in Defamation Case - 11/12/2018

Memorial Hermann Health System is appealing a 2017 judgment awarding a Houston cardiothoracic surgeon more than $6 million in a defamation case. The Texas Medical Association continues to support the surgeon by refuting part of the basis for the hospital’s appeal.


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

Hospital system sued again over alleged peer review misconduct.