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Over the past few years Texas has seen an increase in the number of law suits filed against health care providers. HB 1905, if enacted, would allow a physician to file a cause of action against anyone who brings a liability claim in bad faith. Under this law doctors would have to prove that a reasonable basis for asserting medical malpractice does not exist.
Supporters of the bill argue that every claim filed in bad faith against a physician contributes to the increase in health care costs. Records indicate that bad faith malpractice suits in the state of Texas have doubled between 1991 and 1999.
Supporters also feel that such claims increase medical liability insurance which physicians are required to have. If premiums in a certain region drastically increase, doctors may choose to relocate, limiting the access to quality care for many. In South Texas, bad faith law suits have been so prevalent that many doctors in that region have avoided seeing classes of patients that may pose a great risk of litigation.
Opponents argue that lawsuits are the main source of protection against malpractice. They say that HB 1905 will allow doctors to sue their clients as well as their attorneys. This would make the plaintiff and the attorney equally liable for filing a claim against a physician. Questions also arise concerning a physicians ability to hold a plaintiff accountable for his/her attorney’s actions, and vice versa. In addition, opponents also feel that allowing health care providers to counter sue may undermine some of the legitimate malpractice suits that actually exist.
I would be interested in your comments regarding this proposed legislation. Please write to my Capitol office at P.O. Box 2910, Austin, Texas 78768-2910 with your comments.
State Representative Ron Clark
P.O. Box 2910
Austin, TX 78768-2910
(903) 893-9426 * (512) 463-0474
(512) 475-3767 (fax)
ron.clark@house.state.tx.us
http://www.grayson.edu/district62/RonClark.html
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