Dallas Morning News Examines Effect of Effect of Texas Ballot Measure To Allow Caps on Medical Malpractice Lawsuits

The Dallas Morning News on Saturday published several articles about the effect of Proposition 12, a Texas ballot measure passed last September that amended the state constitution to allow state lawmakers to pass legislation to cap damages in medical malpractice lawsuits. Gov. Rick Perry (R) last June signed into law a bill that caps noneconomic damages in malpractice lawsuits at $250,000 for physicians, $250,000 for hospitals and $250,000 for nursing homes and other health care facilities. The legislation also caps total noneconomic damages in malpractice lawsuits at $750,000 per plaintiff. The bill does not cap economic damages. Passage of Proposition 12 ensures that the legislation can survive a court challenge (Kaiser Daily Health Policy Report, 8/27). Summaries of the articles appear below.

• "No Cure-All: Time Hasn't Healed Controversy Over Caps on Damages": According to the article, although most physicians in Texas have not experienced a decrease in malpractice insurance premiums since the passage of Proposition 12, they "may just need patience" as the rate of malpractice lawsuits filed in most large Texas counties has decreased by at least 80%. However, some opponents of Proposition 12 maintain that "little good has come" from the measure as injured state residents cannot find attorneys to represent them in malpractice lawsuits and no evidence exists that health care has improved in the state, according to the article (Maxon, Dallas Morning News [1], 9/25).
  
  
• "Lawyers Caught Between Clients, Malpractice Cap": The article examined how attorneys in Texas have begun "turning down a lot of cases that involve only noneconomic damages" since the passage of Proposition 12. According to the article, some attorneys "find themselves caught between potential clients and the reality of the caps," which often leave "little for the plaintiff after the expenses and contingency fee" (Maxon [2], Dallas Morning News, 9/25).
  
  
• "Doctors Still Awaiting Lower Rates": According to the article, more than half of physicians in Texas have not experienced reduced malpractice insurance premiums since the passage of Proposition 12 despite a decrease in malpractice lawsuits filed in the state. However, a recent survey conducted by the Texas Hospital Association found that many hospitals in the state, as well as physician groups that self-insure for a large part of their initial risk, have experienced reduced malpractice insurance premiums (Maxon [3], Dallas Morning News, 9/25).
  
  
• "Cap Slows Patient's Lawsuit": The article profiles the case of a patient in Texas who sought to file a malpractice lawsuit but found that "nobody wanted to take the case" after the passage of Proposition 12 (Maxon [4], Dallas Morning News, 9/25).