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Sep12
Texas Is Place To Be For Doctors Due To Cap On Malpractice Awards
According to an article on nationalunderwriter.com Texas has become more doctor friendly due to a 2003 law “capping pain-and-suffering awards in malpractice cases.”  Recruiting of doctors and physicians willingness to treat more risky cases has improved dramatically according to an online survey conducted by The Texas Medical Association (TMA).
Surgery Image.
The online survey included 1,154 physician members of TMA and showed since September 2003:

  • Doctors find it much easier to recruit new physicians to their communities, even among high-risk specialties and in the "lawsuit war zones" of south and east Texas.
  • Texas physicians are much more likely to accept patients with complex or high-risk problems, and many feel comfortable offering their patients new services.

The reforms came during a time of “jackpot-sized judgments” that helped propel professional liability insurance premiums through the roof.  The critical part of the reform was “a $750,000 cap ($250,000 for physicians, $250,000 for the first hospital or healthcare facility, and $250,000 for any additional facilities) on judgments for non-economic damages, such as pain and suffering, in healthcare liability cases.”  Just as important to know that there is “no cap on actual damages such as medical bills or lost income.”


As a testament to the newly attractive Texas medical environment TMA said, “the Texas Medical Board is anticipating a record 4,500 applications for new physician licenses this year” which “is more than 40 percent greater than in 2005, which had been the board’s busiest year on record.”

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