Texas is a magnet for new doctors as a result of the legal climate created by Proposition 12, which limits the amount of non-economic damages that can be collected in a medical malpractice suit. This is a significant improvement compared to a decade ago when doctors were scarce and the number of medical malpractice lawsuits continued to increase. Many agree that the tort reform in Texas has significantly improved health care. According to an article in Southeast Texas’ Legal Journal, hospitals have reinvested money that would have otherwise been spent defending malpractice claims and “upgrading equipment, expanding emergency rooms and increasing charity care.”
However, many say that this has reduced the rights of patients and their ability to collect reasonable rewards for medical errors that they succumbed to as part of a procedure or operation. Time will tell on how Proposition 12 will effect plaintiff’s rights.