AUSTIN, Texas – With the agreement of House and Senate leaders on key provisions of tort reform, Texans can expect the state’s civil justice system – and therefore the business and medical climate – to improve.

“Restoring fairness to the legal system will be a lasting legacy for the Governor, Lieutenant Governor, Speaker and the other leaders who have made civil justice reform a top priority this Session,” said Texas Public Policy Foundation president Brooke Leslie Rollins on Saturday.

The Foundation in April released a report titled “Critical Condition” – authored by TPPF director of research Chris Patterson, trial lawyer and nurse Colleen Whalen, and Baylor economist John Pisciotta, Ph.D., and is available at www.TexasPolicy.com. The report examined the devastating effect lawsuit abuse is having on the availability of medical care for Texans. Among other recommendations, the report called for a cap on the awards available for non-economic damages.

“Senator Ratliff and Representative Nixon have crafted a legislative compromise that offers much-needed protection to physicians from victimization by predatory lawsuits, while ensuring that patients who are harmed will be compensated,” added Rollins.

Quoting statistics compiled by the Texas Department of Insurance, the report noted a cap on non-economic damages could lower medical malpractice rates 17 to 19 percent.

“This important legislative victory will help slow the rising cost of health care, but more importantly it means doctors will be able and willing to practice medicine in Texas, ensuring our access to the quality medical care we need.”

The Foundation’s report noted among other statistics that:

  • Fear of lawsuits drives 40 percent of doctors to order medically unnecessary prescriptions and 50 percent to order invasive procedures more frequently than they believe is medically warranted.
  • Fifty-nine percent of Americans believe their health care quality is harmed by lawsuits and doctors’ fears of being sued.
  • In 2002, there were only 64 primary care doctors for every 100,000 Texans, while up to 80 doctors cared for the same number of people across the United States.
  • Half of the state’s 254 counties are identified as “shortage areas” by the Texas Department of Health, and 24 of 254 counties have no doctors and 20 counties have only one.