claims per year. In fact, the TMLT will sell a
maximum of $1,000,000/3,000,000 liability
insurance, which relatively very few physicians
have.
Results of Tort Reform
Lower cost
Since the passage of The Texas Miracle in
2003, the average liability premiums have
been reduced by over 50%, and this is due
primarily to the fact that frivolous lawsuits
have been curtailed, and of course the cap
on noneconomic damages.
More physicians
Texas population growth has occurred
for many reasons, but having a healthy
business climate with tort reform and low
taxes has topped the list. Although our
population has grown substantially, the rate
of physicians moving to Texas has outpaced
our population growth! This is good news for
patients, and certainly the Medical Liability
and Tort Reform Act of 2003 has played a
substantial role in this fact.
Liability minimum increases?
During the early stages of the pandemic
in 2020, United Healthcare intended to raise
the minimum liability limits to $1,000,000
per claim compared to the current liability
minimum in Texas of $200,000 per claim. As
you can imagine, had this been enforced,
most Texas physicians would have had to
scramble to obtain higher coverage, or
would have had to drop UHC as a provider.
Fortunately, Diana Fite, MD, former
president of the Texas Medical Association,
sent a letter to UHC asking for a reprieve of
this increase due to hardships that physician
practices were having due to the
pandemic, and United Healthcare reversed
their position. I don’t know if increasing from
$200,000 to $1,000,000 would result in a
fi ve-fold increase in a liability premium, but
there is no doubt that the premiums would
increase substantially.
Eternal vigilance
In spite of the fact that tort reform has
resulted in extraordinary growth of physicians
in Texas and has contributed to the
population growth in Texas as a businessfriendly
4 | DALLAS MEDICAL JOURNAL • May 2022
climate, there are folks that believe
otherwise. Each legislative session is a
battlefi eld for defending The Texas Miracle
that occurred by way of H.B. 4 that was the
culmination of many physicians and hospitals,
as well as a multitude of businesses
that recognized the malignant cancer that
uncontrolled and frivolous litigation had on
our society.
If you doubt anything that you are reading,
please talk to a physician that is in their
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References:
1. Coming of Age: Celebrating 15 Years of Texas Tort Reform. Texmed.org: https:/
www.texmed.org/Template.aspx?id=48427 accessed 4/14/2022
2. TMLT 2002 Annual Report. https:/hub.tmlt.org/i/1099819-tmlt-annual-report
2002/0?