October 2018 Newsletter

Elderly Texans among the beneficiaries of liability reform Liability reforms were a long time coming for the long-term care industry in Texas, where, prior to 2003, half the nursing homes across the state couldn’t find or afford liability insurance. Highly rated nursing homes were frequently targeted by personal injury attorneys pursuing meritless claims, driving up costs that forced them to scale back their care. Big changes came following medical liability reform legislation passed in 2003, when the nursing home industry in Texas experienced dramatic improvements in the care they were able to provide their residents – all thanks to savings from liability insurance premiums. “Texas tort reform saved our organization and the residents that we serve,” said Alan Hale, CEO of Manor Park, a non-profit elderly care facility in west Texas. Now, Texas has 50 percent fewer cases against nursing homes than the national average – evidence that reforms are making an impact. Facilities throughout the state, including Manor Park and another non-profit, Morningside Ministries, have credited liability reforms with allowing them to invest resources in recruiting care staff and nurses, training younger people for the various careers in long-term and elderly care, and improving the homes that serve and…

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September 2018 Newsletter

Texas hold ‘em: 15 years since reform In the 15 years since comprehensive medical liability reforms were enacted, Texas has held on to physicians – and held off those seeking to return to a time when patient access to care was at risk. Initially enacted in 2003, liability reforms have resulted in an influx of physicians, benefiting rural residents across the state. “Texas’ medical liability reforms have been nationally considered the gold standard for medical liability legislation,” said Governor Greg Abbott. “Tort reform has significantly reduced lawsuits and liability costs in our state and contributed greatly to the increasing number of doctors practicing in Texas.” Women’s health care services have also improved, with Texas Alliance for Patient Access (TAPA) Chairman, Dr. Howard Marcus, confirming that Texas has added more obstetricians than any state in the nation. “Because of the tort reform measures passed by the Texas Legislature in 2003, the number of Texas primary care, high-risk, and total physicians have expanded at a rate greater than population growth,” Dr. Marcus said. To read more about the work of TAPA and the 15-year liability reform milestone, click here. A physician’s perspective on jackpot justice A spine surgeon and editor-in-chief of AAOS…

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August 2018 Newsletter

The reality of defensive medicine With projections about the cost implications of defensive medicine in the hundreds of millions of dollars, a new study showed greater insight into how physicians treated patients when they were not subject to the threat of lawsuits. The reality of defensive medicine became apparent when researchers from Duke and MIT, on behalf of the National Bureau of Economic Research, focused on active-duty military who were treated by government health care systems that are protected from medical liability lawsuits. When compared to treatment received by active-duty military from civilian medical professionals who are subject to liability, the study found “suggestive evidence that liability immunity reduces inpatient spending by 5% with no measurable negative effect on patient outcomes.” The study did an in-depth analysis on quality indicators to be sure doctors weren’t providing substandard care, and found no instances where the quality of care in the military health care facilities appeared to be worse. “Our analysis demonstrates that the active duty receiving care on the base are treated notably less intensively, without any health outcome consequences. Considering the lack of liability recourse for his treatment group, this pattern of results is suggestive of a strong degree of…

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