While you and many other Texans may have voted
for Proposition 12 on September 13th, you may
be questioning your vote after the brutal editorials
this week by several news editors. The Houston
Chronicle is so controlled by the forceful trial
lawyers the tone has unfortunately become predictable.
The
issue: physicians across the state received their
statements for next year’s malpractice premiums.
Some of them went up. Yes, your doctor wanted
you to vote YES ON 12 stating his premiums were
driving him out of practice. Texas Medical Liability
Trust is the largest medical liability carrier
in the state, with more than 10,500 policyholders.
As a non-profit insurer, TMLT has promised a 12%
decrease in premiums for next year.
Another
insurer, Medical Protective (owned by GE) quickly
released the ER physicians it covered and raised
premiums up to 50% for others. A group of trauma
surgeons in the DFW Metroplex saw their premiums
go from $80,000 / year to $120,000.
Why?
District
Clerks around the state will tell you why. Trial
lawyers across Texas went into a panic mode from
the Rio Grande to the Red River. In some counties
the number of medical malpractice filings increased
by four times the last week of August.
Physicians
were bracing themselves. They prepared themselves
for swarms of ‘victims’ anxious to
get their rodeo courtroom ‘draws’
before the passage of Proposition 12. Most hoped
common sense would return to the Texas rodeo arenas,
uh, courtrooms. In Texas, the malpractice rodeo
has been like a bull ride for physicians, except
most did not have a bull rope to hang onto out
of the chute and they thought the flank strap
was on too tight….wait… maybe the
flank strap should be on the trial lawyers? (sorry!)
Malpractice
rates should begin to stabilize after the frivolous
cases are weeded out of the pre-Prop 12 avalanche.
Unfortunately, it takes about $100,000 to fight
even the most worthless case. That does not include
the lost wages for the physician because he is
out of his office. After the current valid cases
are settled or tried in the next few years, expect
to finally see relief for physicians and hospitals
in Texas.
Unrealistic
expectations and overnight miracles were not promised
to Texans. Balance and fairness is what we voted
for. The Houston Chronicle seems to be the rodeo
clown who needs to get back into his barrel.
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