According to the Associated Press, an analysis of Perry's radical initiative in Texas which destroyed patients' rights reveals a more complicated bottom line than his campaign rhetoric he's feeding the country. State medical data shows that the number of physicians practicing in the entire State of Texas has increased, but the numbers are considerably less than the total Perry cites. Additionally, the information Perry provides is misleading since the majority of the doctors are in larger cities where health care was already abundant. Perry clearly doesn't want the country to know about large rural swaths of Texas still without doctors. The only ones who benefitted from the elimination of medical negligence law are the insurance companies.
We consistently receive phone calls complaining about hospital acquired infections that wreak havoc with the lives of patients who become infected. Hospitals tell the public they fight the causes of these infections on a regular basis, but they resist releasing their infection rates so a patient can adequately compare hospitals. So our clients are left with an inadequate understanding of the breadth of an individual hospital's infection problems.
The Texas Supreme Court ruled recently that, in certain circumstances, a defendant who has been sued can blame a health care provider, but the patient cannot. The opinion was issued in Molinet v. Kimbrell, et al., ___ S.W.3d ___ (Tex. 2011).
Recently, the Supreme Court reversed its own ruling from just one year before and dismissed a claim brought by a patient in a hospital. In the case of Marks v. St. Luke's Episcopal Hospital, ___ S.W.3d ___ (Tex. 2010(8/27/10), the Court overturned its holding in the matter from almost exactly one year earlier.
In a time when it is deemed by some to be a political advantage to advocate for medical malpractice caps and statutory limitations, there is no evidence, study or proof of any sort to indicate there is a trend of decreasing medical errors that would justify some truly inequitable "reform" remedies such as caps on damages suffered by those who are the victims of malpractice. Those who live in states that have imposed caps on medical malpractice damages, and who are also victims of medical malpractice, can attest to the gross miscarriage of justice suffered under the arbitrary limitations. Legislators across our nation should ask for concrete facts before supporting "medical malpractice reform."