Medical Malpractice Tort Reform in Texas: Treating Symptoms Rather than Seeking a Cure

The authors examine the consequences of medical malpractice tort reform in Texas and conclude that it has not actually discouraged the negligent practice of medicine in Texas. The state limited non-economic damage awards in medical malpractice cases and thereby reduced malpractice insurance premiums, but this treated only a symptom and did not address the underlying problem of malpractice. Several alternatives are proposed that would create a balance between compensating the most seriously injured plaintiffs and properly penalizing negligent doctors. Ensuring that patients receive adequate information about providers, increasing the use of physician gatekeepers in health insurance plans, and increased action from state medical boards are among the solutions offered to move the focus beyond insurance fees and back to reducing malpractice itself.