I guess you missed this in another thread Edward.
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Texas tort reform:
One year later, some physicians say they're reaping big benefits
From the January-February ACP Observer, copyright ? 2005 by the American College of Physicians.
By Bonnie Darves
Sixteen months after Texans approved a constitutional amendment to cap noneconomic damages in medical liability suits, the health care community has little doubt that the measure?Proposition 12?is making a difference where it counts: in lowering malpractice premium rates and reducing the number of lawsuits being filed.
In response to the ballot's passage, for instance, the state's largest professional liability carrier, Texas Medical Liability Trust, reduced its rates by 12%, then dropped them another 5%. A member survey by the Texas Hospital Association (THA) found that members' malpractice liability premiums dropped 8% in 2004 and could fall another 17% this year.
And last August, the Texas Hospital Association reported a 70% reduction in the number of lawsuits being filed against the state's hospitals. Analysts also point to the reform's more subtle effects, saying that the exodus of both physicians and insurance carriers from the state has stopped and may even be reversing.
However, not all liability carriers in Texas have dropped premium rates and some physicians here still report having problems finding coverage. And it remains to be seen how soon the passage of Proposition 12?which capped noneconomic damages in liability awards and settlements at $250,000 per physician, with a total noneconomic cap for all parties of $750,000?will affect how doctors here practice medicine.
'A great sigh of relief'
Texas is among 21 states that have instituted caps on noneconomic damages or passed related medical tort reforms. (Last November, tort reform ballot initiatives passed in Nevada and Florida, but failed to move forward in Oregon and Wyoming.) While physicians are still eyeing federal-level reform to address liability-system ills in a wholesale fashion, many analysts say passing states' measures is still physicians' best bet for meaningful reforms. (See "Internists' liability premiums: 2004 highs and lows.")
In the wake of Proposition 12, which ensured the constitutionality of caps approved earlier by the Texas legislature, some Texas physicians already report real premium savings. Neal Sklaver, FACP, a general internist with Medical Specialists Associated in Dallas, for instance, is very pleased that his premiums have dropped roughly $5,000 since the measure passed in September 2003. Even though he has had no judgments against him, his premiums had skyrocketed in 2003 to nearly $18,000 a year.
A former College Regent, Isabel V. Hoverman, FACP, a general internist in Austin, likewise said she and her partners were able to reverse the trend toward double-digit yearly rate hikes. Dr. Hoverman said her malpractice premiums climbed at a rate of between 40% and 45% every year between 2000 and 2003, even though she'd had no malpractice claims filed against her.
Now, however, "We've seen a 48% drop in our rates since the passage of Proposition 12," she said, adding that she and her three partners reduced their policy liability limits since the measure passed?another source of savings.
"Physicians in Texas are breathing a great sigh of relief," said F. David Winter Jr., FACP, the College's Governor for the Northern Texas Chapter. His group, HealthTexas Provider Network, has dropped premiums for its affiliated physicians by 14%. Dr. Winter is vice chair of this 380-physician system, which is affiliated with Dallas' Baylor Health Care System.
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Now if you want to get into class actions I can post volumns--why do you think we can not be competative in pricing compared to other countries--our tech is better--prouctivety thebest in the world--its because no other country has the immense cost of litigation and anticipated litigation built in.
Example 1/3 of cost of step ladder is for anticipates litigation.
Isn't it ironic that class action attorneys try to get there venue in one of about 4 courts in U.S. ---- additional reading
http://www.triallawyersinc.com/html/part04.html
as matter of fact it is so blantantly biased they have this disclaimer on their site---
