Now this is good news, and it shows what should happen around the country if malpractice reform is enacted. First, the number of malpractice suits dropped dramatically, which tells you that many of malpractice suits that were being filed were frivilous. Once the potential payday from those suits was lowered, the plaintiffs attorneys decided they were’nt worth filing anymore. And now, instead of the plaintiffs’ bar being responsible for policing the medical establishment (an enormous conflict of interest if ever there was one) the Texas Medical Board has now taken back that responsibility. All in all, a very satisfactory situation. (HT Kevin MD)
The calculus of medical malpractice in Texas has shifted.
Because of tort reform, malpractice lawsuits no longer can be counted on to police the profession.
In Harris County, the numbers of medical malpractice lawsuits have dropped precipitously since October 2003, when limits on non-economic damages (awards for “pain and suffering”) went into effect.
For the previous eight years, the number of malpractice suits averaged in the high 400s. In 2003, they spiked to 1,170. But only 16 were filed after Oct. 1. Lawyers had clearly rushed to the courthouse to get in before the limits went into effect.
Last year, the number plummeted to 204. What’s more, the value of those lawsuits can be expected to be greatly reduced because of the limits.
But meanwhile, the once-moribund Texas Board of Medical Examiners has grown teeth.
Because of bad publicity, a stalwart new executive director and good legislation the board is transforming itself from lap dog to watchdog.
The last Legislature raised the board’s budget 70 percent. The number of litigators (equivalent of prosecutors) went from a paltry four to 11.
