Tort Reform Editorial Sets the Record Straight

In the Sunday, November 22, 2009 edition of the Houston Chronicle, Jennifer Bard writes a very factual opinion piece on the lack of proof that tort reform reduces health costs. Dr. Bard is the Alvin R. Allison Professor of Law and the director of the Health Law Program at Texas Tech University School of Law. She is also the adjunct associate professor in the Department of Psychiatry at the Texas Tech School of Medicine. Her premise is actually quit simple:

•1. Texas enacted some of the most comprehensive and restrictive medical malpractice restrictions of any state in the country in 2003.

•2. Current proponents of protections for health care providers (also called "tort reform" for doctors) believe these "tort reform" protections will lower the cost of health care and make it a more affordable system for everyone and allow more patients to be covered by insurance.

•3. Texas doctors should be paying much more affordable medical malpractice premiums for the insurance they buy to cover their medical mishaps.

•4. Thus, Texas should have some of the most affordable health care in the country, and we should have a large segment of our population covered by medical insurance.

So does this hypothesis have any basis in reality? The undisputed answer in Texas is NO! The health care protections passed in 2003 have NOT lowered the cost of health care in Texas. The health care protections that passed in 2003 have NOT increased our insurance covered citizens. The health care protections that passed in 2003 have NOT lowered malpractice protection premiums for doctors. In fact the exact opposite is true.

So the reality is that insurance companies continue to push this agenda to the top of their propaganda war, and the message continues to take hold among those who are uninformed about all of the facts. The people who are victims of medical malpractice mistakes are the ones who actually suffer the most as a result of losing this propaganda war, as they simply do not have the resources to compete with the medial teams hired by the insurance companies. Thus people are hurt. Doctors continue to be pawns of the insurance companies. And insurance companies continue to brag about their enormous profits.

A change needs to be made! Texas needs to reexamine the 2003 changes and determine how to protect our people - not these mammoth insurance companies who look solely at their bottom line.

No Comments

Leave a comment
Comment Information

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

Get Your Free Case Review 713.587.9668

Let Us Help You Today! Request a Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

Our Record Of Success.

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

More Success Stories