Do Caps on Damages Bring In Doctors? NO!

The most recent data released from the American Medical Association shows there are more doctors in the United States than ever. Additionally, there are more doctors per capita in the U.S. than ever before. Tort reform advocates have long taken the position that without legislatively produced caps on damages, doctors will flee states until caps are put in place. With this recent release of data, that theory can be tested – and has been tested.

The American Association for Justice broke down the numbers, comparing those states who enacted caps and those that have not. For 2008, the AAJ found there are actually more doctors per capita in states that have not imposed a limit on damages that can be awarded to medical malpractice victims, as compared to those states that have the “tort reform” cap. The AAJ reported 21% more doctors per capita in states that don’t restrict damages than there are in states with caps.

As believed by those who have long held the view that caps neither provide a safer medical community, nor increase medical services, this legislation is arcane, unfair and unjust. These caps in Texas and all states whom have enacted them should be repealed.