Patient rights in Texas have been decimated. Prop 12, which was passed in Texas in 2003, arbitrarily restricts the legal rights of all Texans. It particularly hurts infants, the elderly, and lower-income Texans because the majority of their damages are “non-economic.” This allows the few dangerous doctors, hospitals, and nursing homes to escape accountability for the needless injury or death they cause. Not only does this put patients at greater risk of medical negligence, it has not led to improvements in the cost, access, or quality of health care in our state. Nursing home residents are particularly vulnerable. Lax regulation and lack of legal accountability have led to substandard care and abuse in nursing homes across Texas.
Have you or someone you know been a victim of medical negligence? Please share your story with us.
Visit our Patient & Nursing Home Safety Tips page for resources and information on patient and nursing home safety.
What You Should Know
Texas Watch has created several informational documents that explain the background and effects of stripping patients’ rights:
- Texas-Style “Reform” Fails Patients: Costs Up, Access Down
- Restricting Patient Rights Does Not Lower Health Costs: Spending Increases Faster in Texas
- Background on the Cap in Texas
- Patient Protection Facts
- Why Are Caps on Damages Bad for Texas?
- Patient Justice: Patients Are Better Off in States Without Barriers to Justice
TEXAS WATCH; January 2008 - The False Choice: Doctors or Accountability; The Real Impact of So-Called Tort “Reform” in Texas
TEXAS WATCH; February 2007 - The Real Impact of the Cap: True Stories of Texans Devastated by Medical Negligence
Read true stories about Texans whose lives have been destroyed by medical negligence but have no where to turn.
Studies & Research
Does Tort Reform Affect Physician Supply? Evidence From Texas
David Hyman, Charles Silver, Bernard Black, Myungho Paik; June 14, 2012
A Failed Experiment: Health Care in Texas Has Worsened in Key Respects Since State Instituted Liability Caps in 2003
Public Citizen; October 2011
Society of Actuaries Study Finds Medical Errors Annually Cost at Least $19.5 Billion Nationwide
Society of Actuaries; August 2010
Is Better Patient Safety Associated with Less Malpractice Activity?: Evidence from California
Rand Corporation (Michael D. Greenberg, Amelia M. Haviland, J. Scott Ashwood, Regan Main); April 2010
Liability Limits in Texas Fail to Curb Medical Costs
Public Citizen (David Arkush, Peter Gosselar, Christine Hines and Taylor Lincoln); December 2009
The Impact of the 2003 Texas Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts: Separating Facts from Rhetoric
Charles Silver (University of Texas), David Hyman (University of Illinois), Bernard Black (Northwestern University); Fall 2008
Neglecting the Neglected: The Impact of Noneconomic Damage Caps on Meritorious Nursing Home Lawsuits
Michael Rustad and Thomas F. Lambert, Jr. (Suffolk University School of Law); January 26, 2007
The Great Medical Malpractice Hoax: NPDB Data Continue to Show Medical Liability System Produces Rational Outcomes
Public Citizen (Seth Oldmixon); January 2007
Defensive Medicine and Disappearing Doctors?: Evidence Suggests That the Malpractice Crisis Has More Complex Effects Than Are Commonly Assumed
Cato Institute (Katherine Baicker and Amitabh Chandra); Fall 2005
The Frivolous Case for Tort Law Change: Opponents of the Legal System Exaggerate Its Costs, Ignore Its Benefits
Economic Policy Institute (Lawrence Chimerine and Ross Eisenbrey); May 17, 2005
Stability, Not Crisis: Medical Malpractice Claim Outcomes in Texas, 1998-2002
Bernard S. Black (University of Texas), Charles Silver (University of Texas), David Hyman (University of Illinois), and William M. Sage (University of Texas); March 10, 2005
Medical Malpractice Briefing Book: Challenging the Misleading Claims of the Doctors’ Lobby
Public Citizen (Jackson Williams, Frank Clemente, and Neal Pattison); August 2004
Malpractice Reform Must Include Steps to Prevent Medical Injury
Annals of Internal Medicine (Stephen C. Schoenbaum, MD, MPH and Randall R. Bovberg, JD); January 2004

