What Has Texas Gotten in Exchange for Draconian Malpractice Caps?

The Pop Tort has a blog post underscoring that Texas’ draconian medical malpractice tort reform, while a boon for doctors, has hardly improved medical care in Texas.

There has been a lot of talk about how doctors are flowing into Texas because of tort reform. Setting aside the issue that facts do not support this contention – Texas ranks 43rd in doctors per capita – you cannot help but wonder exactly which doctors were motivated to pack their bags and head to Texas considering malpractice tort reform.

Who would do that? Who were the fence-sitter doctors who moved to Texas because of tort reform? Let’s look at who might.

A doctor who has been unsuccessful enough to have a quality existing practice? Check.

A doctor for whom malpractice rates are particularly an issue because malpractice rates are so high for frequent flyer malpractice doctors? Check.

A doctor who wants to get out of Dodge and get a fresh start because of a shaky disciplinary record? Check.

Sure, this is a dramatic overgeneralization. I’m sure talented doctors flock to Texas every year because Texas has warm weather, everything is bigger in Texas, blah, blah, blah. But you really have to wonder who is being enticed to Texas by cheaper medical malpractice premiums.

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