The original tort reform measures in 2003 are proving to be even more successful than anticipated – a good omen for the loser pays bill.
According to a study published in the Journal of the American College of Surgeons, there has been a nearly 80 percent decrease in surgical liability lawsuits at the University of Texas Health Science Center at San Antonio since tort reform was enacted in 2003 -the year Texas passed comprehensive tort reform. That bill dealt primarily with fixing the medical malpractice negligence cases.
The findings show that from 1992 to 2004 about 40 suits were filed for every 100,000 procedures. After the reform measures passed, only about eight lawsuits were filed per 100,000 surgeries. Legal costs at the Center relating to medical malpractice cases declined from $595,000 to $515 annually. In addition, data collected by the Texas Medical Association shows a 60% decrease in medical liability lawsuits in Texas since 2003.
Texans can expect economic benefits to continue with the most recent tort reform measures.
As I discussed in my research paper Returning Justice to the Judicial System, the procedural protections in the loser pays bill will further cut the costs of litigation, allow quicker access to the courts, and create a more efficient judicial system. In particular, the rulemaking authority given to the Supreme Court to allow a motion to dismiss for filing a frivolous lawsuit – something already done in federal courts – will be a great step forward for Texas. The procedural protections in this bill would go a long way toward ensuring that our judicial system dispenses justice according to the merits of the case rather than the size of the wallet; meaning that those people with real grievances will receive their day in court.
Doctors have now returned to Texas and have resumed their trust in our legal system. Loser pays ensures that it is only a matter of time before individuals and businesses do the same.
-Ryan Brannan