Grievance reform fails in Texas

Tort reform is not what it seems. The big insurance and the big government do not want to understand this concept and the system continues to abuse the victims.

There is so much campaign rhetoric that pollutes radio waves that it is difficult to understand the facts. Tort reform, also known as medical malpractice limits, is a decidedly hot topic for injured victims and personal injury lawyers. Lawyers have continued to point out that setting limits on medical malpractice only harms the victim twice, leaving her struggling to deal with their ruined lives and unable to pay their medical bills.

Finally, a national report just released reveals that the Texas law of 2003, which is responsible for limiting medical malpractice compensation, has caused a significant increase in health care spending and has not seen an increase in physicians in the state; contrary to what Governor Perry said in the election campaign. Perry has repeatedly stated that the medical malpractice law added 21,000 doctors to the state. It has not.

The report, written by Public Citizen, is called "A Failed Experiment," and it is clear that using the model that Texas adopted as a law would only benefit insurers and physicians, not injured victims. This is not shocking news for personal injury lawyers, wrongful death lawyers or medical malpractice lawyers. At the time an injury threshold was mentioned as a way to reduce the high cost of insurance premiums, health care costs and save money, lawyers have insisted it would not happen. They are correct.

What happens is that victims of medical malpractice work more than twice. Once by your doctor or other medical professional when you suffer a serious or fatal injury, and the second time by a law written to help insurers make more money while politicians keep the drug's promises. Make no mistake, the limits of medical malpractice are not about justice for innocent victims of medical malpractice.

What politician or doctor in his right mind would be against taking responsibility for a serious medical error that forever changed the life of a patient who was sure his doctor would take care of them? Apparently, there are a lot of politicians and doctors, not to mention insurers, who think it is perfectly acceptable to limit compensation for damages to a victim so they can save money. What he says about the concept of justice is scary.

What is a victim whose life has been so drastically altered by medical malpractice that he is supposed to face large medical bills incurred without his own fault? A person must take responsibility and that person must be the doctor and the insurance texas attorney.

The Texas Medical Association and the Texas Alliance for Patient Access are not happy with the report and dispute their conclusions about the number of doctors who came to the state. Indeed, the alliance insists doctors left the state, as paralysis and negligence insurance rates were nearly twice as much as they are today before the torture reform law was enacted. However, they claim that since 2007, Texas has licensed 60 percent more new doctors each year than before the civil liability reform.

Obviously, there are two sides to each story, as well as two sides to the claim of a victim of medical malpractice. Ultimately, the jury is beyond tort reform and is likely to continue until someone realizes that once an innocent victim has been harmed, someone must take responsibility for the damage. If they are not doctors, insurance companies or politicians, who? Think about it if you are ever involved in a medical malpractice case and you need an important jury award to pay for your care for the rest of your life.