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

Journal of Consumer & Commercial Law, Vol. 12, 2009

U of Houston Law Center No. 2010-A-37

10 Pages Posted: 11 Nov 2010 Last revised: 19 Nov 2010

See all articles by Geraldine Szott Moohr

Geraldine Szott Moohr

University of Houston Law Center

Roger Sherman

University of Houston

Abstract

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.

Keywords: tort reform, medical malpractice

Suggested Citation

Moohr, Geraldine Szott and Sherman, Roger, Medical Malpractice Tort Reform in Texas: Treating Symptoms Rather than Seeking a Cure. Journal of Consumer & Commercial Law, Vol. 12, 2009; U of Houston Law Center No. 2010-A-37. Available at SSRN: https://ssrn.com/abstract=1707715

Geraldine Szott Moohr (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

Roger Sherman

University of Houston ( email )

Houston, TX 77204
United States

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