Texans facing referendum on legality of lawsuit cap

Media blitzes by physicians and trial lawyers are under way.

By Tanya Albert, AMNews staff. Sept. 15, 2003.

Family physician Evelyn Tobias-Merrill, MD, stands in front of a waiting room, arms crossed, calmly stating how she's never been sued but had to give up practicing medicine because her liability insurance rate tripled.

As the waiting room gets more crowded, she warns: "More doctors will be lost if we don't fix the medical lawsuit crisis in Texas. Then who will be left to care for our families?"

The scene is fictitious, but her story is real. Dr. Tobias-Merrill is the star of a television advertisement -- one of many in high-stakes media campaigns to influence the outcome of a referendum on whether Texas' new medical malpractice award cap is constitutional. The ballot question is known as Proposition 12.

As the ad continues, Antonio Falcon, MD, a Rio Grande City family physician, comes on screen: "Yes on 12," he says. "Vote 'yes' for affordable health care."

The opposing side has also hit the airwaves.

One of its TV ads begins with images of Texas settlers sitting around a table, dipping a quill in a jar of ink and writing the state constitution by candlelight. "Our Texas constitution guarantees each citizen access to our courts, judges and juries," a voice-over says.

Outside, a black Lincoln pulls up with Texas license plate reading "HMO INS." A hefty businessman in a dark suit exits the car, strides into the wooden house and pulls out a pen. As the man starts writing on the constitution, a voice-over says: "Insurance lobbyists want to rewrite our constitution to limit our courts and protect their special interests. Vote 'no' on Proposition 12 and save Texas courts."