TEXAS MEDICAL ASSOCIATION HOUSE OF DELEGATES
Resolution 102 (A-06)
Subject: Continued Efforts to Reduce Frivolous Lawsuits
Introduced by: Harris County Medical Society
Referred to: Reference Committee on Financial and Organizational Affairs
Whereas, Legislated liability reforms and the Proposition 12 constitutional amendment have led to significant reductions in medical liability lawsuits; and
Whereas, Frivolous and non-meritorious lawsuits against physicians, while diminished, still are being filed; and
Whereas, The Texas Medical Association, through the Office of the General Counsel, has been and is involved in select cases testing the practicality of countersuits and supporting sanctions against plaintiff attorneys who would file frivolous and non-meritorious lawsuits; therefore be it
RESOLVED, That the Texas Medical Association House of Delegates commend the association's Office of the General Counsel for its work in assisting physicians involved in frivolous and non-meritorious lawsuits; and be it further
RESOLVED, That TMA continue to provide counsel and legal assistance when its involvement may establish clearer standards for sanctions and other disciplinary actions against plaintiff attorneys (through the civil justice system or the Texas State Bar, as deemed appropriate) who file frivolous or non-meritorious lawsuits against physicians.
Relevant TMA Policy
170.007 Professional Liability . In response to increasing medical liability insurance costs and decreasing availability of insurance, TMA will continue efforts to (1) reduce or limit frivolous professional liability claims, (2) continue to examine the causes of increasing claims frequency and justification for increasing premiums, (3) monitor claims data collected by the Texas Department of Insurance and the Texas State Board of Medical Examiners and make the aggregate data available to the membership, (4) advocate for judicial enforcement of current expert witness and cost bond provisions, (5) allow the right to countersue, (6) prohibit specialty or geographic discrimination by professional liability carriers, and (7) explore no-fault and self-insured professional liability options (Substitute Res. 102-, 103-, 108-I00).
TMA House of Delegates: TexMed 2006