A rallying cry from Texas: Remember Proposition 12!

AMA Leader Commentary. By Donald J. Palmisano, MD, Oct. 20, 2003.

AMA LEADER COMMENTARY

A few words about current events in medical practice

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A message to all physicians from AMA President Donald J. Palmisano, MD.

In 1836, Texans seized upon a new battle cry, using it in their successful fight for independence from Mexico: "Remember the Alamo!" It's a cry that has led Americans into many a battle in the years since. Now, in 2003, we physicians have acquired another rallying cry from our successful colleagues in Texas. "Remember Proposition 12!" It will spur us on as we continue our battle for state and national medical liability reform.

On Sept. 13, Texans passed a precedent-setting constitutional amendment -- Proposition 12 -- that supports patients' access to care and the physicians who provide that care. Proposition 12 amends the Texas constitution to authorize the Legislature to determine caps on noneconomic damages. It is the first of its kind anywhere to correct any ambiguity or remove any impediments in a state constitution to limit caps set by a legislature.

Proposition 12 will validate the Texas Legislature's work to rein in excessive noneconomic damages in health care cases. Its passage will save years of legal wrangling over the comprehensive lawsuit reform legislation (HB 4) passed during the Legislature's recently completed session.

Texas needs that reform legislation badly. Texans' access to affordable medical care has been badly jeopardized by its out-of-balance medical liability system. As many as 86% of all medical liability claims in Texas are unsuccessful, yet they cost thousands of dollars, time and energy to defend. And for those that do award damages to a plaintiff, those noneconomic damage awards have quadrupled in the past decade, according to proponents of Proposition 12.