Physician Liens for Recovery of Emergency
Service Payment
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Bad Faith Cause of Action
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Summary Judgment
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Physician Liability Coverage
PHYSICIAN LIENS FOR RECOVERY OF EMERGENCY SERVICE PAYMENT
Senate Bill 583 by Sen. Robert Duncan (R-Lubbock) and Rep. Kyle
Janek (R-Houston) provides that physicians may obtain a lien on
lawsuit judgments and settlements for services provided in the
emergency room as well as subsequent physician services provided in
the hospital within seven days of the day care is first
given. The bill does not apply if the physician accepts or
has access to third-party payment from a patient's health insurance
coverage.
Tort Reform Near Misses
Several tort-related bills were filed, both pro- and anti-tort
reform, including bills relating to offer and settlement, class
actions, negligent credentialing, product liability, limits on
damages of hospitals doing charity care, cost bond and expert
reports, screening panels, and others. Most of the bills died in
committee. Bills that did manage to pass committee failed in the
House Calendars Committee, which determines the bills that will be
heard on the House floor, or failed to receive sufficient votes to
bring up debate on the Senate floor.
Issues or bills that are likely to re-emerge in 2003 include the
following:
BAD FAITH CAUSE OF ACTION
HB 1905 by Rep. Juan Hinojosa (D-McAllen) would have created a
cause of action against a plaintiff or the plaintiff's attorney who
brings a medical liability claim in bad faith. The bill
passed out of committee but died in House Calendars, the committee
responsible for setting the agenda for House floor debate.
Given the recent rise in malpractice claims against physicians,
particularly along the Texas-Mexico border, TMA and local medical
societies will continue to advocate legislation similar to HB 1905.
Tort reform for physicians and other health care providers is
likely to be a necessary but contentious debate during the 2003
legislative session.
SUMMARY JUDGMENT
HB 740 by Rep. Harold Dutton (D-Houston) would have made it more
difficult for defendants to win motions for summary judgment.
PHYSICIAN LIABILITY COVERAGE
A provision in a bill providing certain hospitals with a cap on
damages would have required physicians with privileges to carry $1
million in liability insurance. The provision was deleted from the
bill, and the bill eventually died.
Tort Reform/Medical Liability TMA Staff Contact
-
C.J. Francisco, JD, Senior Counsel, Office of the General
Counsel, (512) 370-1339
Overview
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Health Care Funding
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Long-Term Care and End-of-Life
Issues
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Market Fairness/Managed Care
Reform
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Medicaid
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Medical Education
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Medical Licensure and
Discipline
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Medical Privacy
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Public Health and Science
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Rural Health
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Scope of Practice
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Workers' Compensation