Tort Reform

Essay by geneecarsonUniversity, Master'sA, April 2010

download word file, 5 pages 0.0

�The Impact Tort Reform Had on Texas��

The Impact Tort Reform Had on Texas

Course 2314 - Legal Aspects of Health Care Administration

Mr. Barry Goldstein, LNFA, MBA

Gene E. Carson



Table of Contents

Introduction 3

What Is Tort Reform 3

Why Tort Reform Was Need in Texas 3-4

What Reforms Occurred in Texas 4-5

The Effects of Tort Reform 5-6

Summary 6-7


The purpose of this paper is to evaluate the impact tort reform has had on the health care industry and economy of Texas since it passed in 2003. Supporters of tort reform believe tort reform will lower insurance rates consumers pay to insurance companies because doctors will not have to practice defensive medicine, thus lowering the physician's total cost to practice. Defensive medicine is believed to be running up individuals insurance rates. The reason people feel this way is because doctors are running tests they would not normally run if they were not afraid of being sued and sending patients to specialists for basic care, such as pap smears and mole removals.

Proponents of tort reform also believe that tort reform will lower the cost of medical malpractice insurance in the state of Texas and increase the number of doctors willing to practice medicine in Texas.

What is a tort reform? Prosser and Keeton on Torts text book defines, a tort as a "civil crime; an act that is illegal, but is not criminal." (Lane, 2003) An example of a tort is an auto accident. Tort reform isn't one single idea or law. Instead, it's a group of ideas and laws designed to change the way our civil justice systems works. While each tort reform law is different, they all are designed to either limit the circumstance under which injured people may sue, limit...