In his speech on health care reform, President Barack Obama expressed a willingness to consider tort reform as a part of the plan; he added he'll look to the states to see if it can make a difference.
"Many in this chamber -- particularly on the Republican side of the aisle -- have long insisted that reforming our medical malpractice laws can help bring down the cost of health care," Obama said on Wednesday night. "I don't believe malpractice reform is a silver bullet, but I have talked to enough doctors to know that defensive medicine may be contributing to unnecessary costs. So I am proposing that we move forward on a range of ideas about how to put patient safety first and let doctors focus on practicing medicine. I know that the Bush administration considered authorizing demonstration projects in individual states to test these issues. It's a good idea, and I am directing my Secretary of Health and Human Services to move forward on this initiative today."
We're way ahead on this one.
Texas has already demonstrated how malpractice reform can make life better for millions of people.
"Since 1995, no state has done more than Texas to restore the trust of citizens in their court system," notes the Texas Public Policy Foundation. "Tort reform has lowered liability costs for numerous occupations, reduced frivolous lawsuits, and reduced overall costs to businesses and consumers in Texas. Texas' efforts to reform its tort system have been successful in lowering medical malpractice premiums and attracting physicians to Texas."
Gov. Rick Perry declared medical malpractice lawsuits a statewide crisis in 2003.
"Doctors were caught between rising medical malpractice insurance costs and lower compensation from insurance-provided benefit contracts and low Medicare/Medicaid reimbursement levels," said former state Rep. Joe Nixon. "Combined with increasing hassles and demands to appear in court or in depositions, doctors were choosing to retire or leave Texas. In doctor-per-citizen ratio, Texas ranked 49th out of 50 states."
Of the state's 254 counties, more than 150 had no obstetrician in 2003, and more than 120 had no pediatrician.
But lawsuit reform was a driving force in the general elections of 2002. And when lawmakers gathered with a new Republican majority, lawsuit reform was a top priority -- culminating in the 96-page House Bill 4.
It worked.
"Tort reform has been responsible for the creation of 499,000 new Texas jobs according to economist Ray Perryman," notes Bill Hammond of the Texas Association of Business.
Adds Peggy Venable, Texas director of Americans for Prosperity, "Doctors and hospitals are using their liability insurance savings to expand services and initiate innovative programs; those savings have allowed Texas hospitals to expand charity care by 24 percent."
If Obama is serious about looking to the states for tort reform solutions, he need look no further. The Lone Star State stands out.
