If I started pointing out every misleading political ad, I’d never have time to do anything else. Pretty much EVERY political ad is misleading in some way. But one running on TV now especially troubles me, because our Texas Governor has made a point to demonize trial lawyers at every possible opportunity.
The consumer group Texas Watch has put out a rebuttal of sorts to Governor Perry’s ad. The full article goes into great detail, and I think it’s important enough to include in a continuation of this post. Here are some excerpts:
The Script: Rick Perry’s 30-second television advertisement entitled “Proud of Texas”
I’ve never been more proud to call myself a Texan.
In Texas we set the national standard for economic development. We’ve gained 300,000 new jobs, and lawsuit reform is bringing better healthcare to millions. We’ve invested 10 billion new dollars in our public schools, while improving standards, accountability and student performance.
Our people are compassionate, our visions bold, our values strong. The best is yet to come. I’m proud of Texas, How about you?
The Relevant Claim: “And lawsuit reform is bringing better healthcare to millions.”
The Support: Source — Texans for Rick Perry Campaign
1. According to the Texas Board of Medical Examiners (TBME), more than 3,000 doctors have begun practicing in Texas since the passage of Proposition 12, the major medical malpractice reform measure approved by voters two years ago.
2. More doctors are serving in underserved areas.
3. More emergency room physicians and medical specialists are practicing in Texas now in relation to two years ago.
The Rebuttal: Source — Texas Watch, American College of Emergency Room Physicians
1. The governor is right. According to statistics collected by the TBME, between 2003-2005 (post-Prop 12), roughly 3,000 more doctors were licensed to practice medicine. But those same statistics reveal that between 2001-2003 (pre-Prop 12), roughly 3,000 additional doctors were licensed to practice medicine. With the same growth in the number of doctors both pre- and post-Proposition 12, attributing the cause of that growth to tort reform seems a stretch.
2. The rate of growth in the number of new doctors by region in traditionally underserved areas such as rural Texas and South Texas is lower now than it was before Prop 12. Only the major urban areas have seen any increase in the rate of growth. That largely may be due to factors not linked to medical malpractice, namely better facilities, fewer Medicaid patients and physicans’ lifestyle choices.3a. Even if more emergency room doctors are practicing in Texas, it doesn’t mean they are delivering “better health care.” According to a state-by-state report card conducted by the American College of Emergency Services, the state received near-failing grades in three of four categories: a D+ access to emergency care; a D+ in care/patient safety; and a D in patient safety. The state’s overall average was helped by its grade in medical liability reform: A+. Because of tort reform, Texas ER physicians only can be sued for gross negligence rather than simple negligence.3b. Supporters of Prop 12 claimed during the 2003 campaign that 60 percent of Texas counties were without obstetric and gynecology services. Today, more than two years after Prop 12 was implemented, roughly 60 percent of counties are still without those services.
The Index: Accuracy index rating — 2.4
Sorry Guv, but cause and effect on this issue is near-impossible to prove. And how can you say that lawsuit reform is bringing better health care to millions without acknowledging that one out of four Texans remains uninsured (highest rate in the nation), state spending on hospital care ranks near the bottom (41st in the nation) and there are huge shortages of board certified ER docs (44th) and registered nurses (48th)? We know you only had 30 seconds to make your pitch, but half the facts are worse than no facts at all.
CAMPAIGN 2006: TRUTH IN ADVERTISING
By MARK DONALD, Texas Lawyer, January 23, 2006
It’s campaign season again and sadly, some candidates — those with big, fat war chests — have made media buys and are airing radio and television spots in mind-numbing repetition. Although it seems far too early to listen to the puffery of a gaggle of gubernatorial, congressional, judicial and legislative candidates, the March primaries will soon be upon us. The November general election will arrive with all deliberate speed as well.
Because lawyers and the law are often wedge issues in campaigns — they love us, they hate us — Texas Lawyer has genuine concerns about candidates getting things right. So in the interest of truth in advertising, we will, from time to time, dissect the accuracy and fairness of campaign ads when they make claims relevant to lawyers’ interests. Certainly a tincture of exaggeration is implicit in every campaign; how else do you claim you’re better, smarter, tougher than the other guy? But when the truth can be tested by objective fact or carefully reasoned opinion, we will proffer it to our readers.
Because the truth can be nuanced, selective and shaded, we have designed a 10-point accuracy index, which will range from 10-points (fact) down to 1-point (pure fiction).
So let the lawyer bashing begin. We’re ready for it.
The Race: Governor of the State of Texas
The Candidates: Republicans — Larry Kilgore, Star Locke, Rick Perry, Rhett R. Smith
Democrats — Felix Alvarado, Chris Bell, Bob Gammage, Rashad Jafer
Independents — Larry W. Camp, Marcus Cherry, Richard “Kinky” Friedman, William Jean, Mike Redlich, Carole Keeton Strayhorn
The Script: Rick Perry’s 30-second television advertisement entitled “Proud of Texas”
I’ve never been more proud to call myself a Texan.
In Texas we set the national standard for economic development. We’ve gained 300,000 new jobs, and lawsuit reform is bringing better healthcare to millions. We’ve invested 10 billion new dollars in our public schools, while improving standards, accountability and student performance.
Our people are compassionate, our visions bold, our values strong. The best is yet to come. I’m proud of Texas, How about you?
The Gist: That’s right, Perry is Texas proud, and he has every right to be. As the sitting incumbent with a double-digit lead in the polls and $11.5 million parked in his campaign treasury, there is no need to go negative. Well, not yet anyway. Being the status-quo candidate, he is proud of what he perceives as the status quo: more jobs, better schools, better health care. By Perry starring in and narrating his own commercial, the ad plays to the governor’s strengths — his classic good looks, his authentic Texas drawl, his carefully coiffed hair.
The Relevant Claim: “And lawsuit reform is bringing better healthcare to millions.”
The Support: Source — Texans for Rick Perry Campaign
1. According to the Texas Board of Medical Examiners (TBME), more than 3,000 doctors have begun practicing in Texas since the passage of Proposition 12, the major medical malpractice reform measure approved by voters two years ago.
2. More doctors are serving in underserved areas.
3. More emergency room physicians and medical specialists are practicing in Texas now in relation to two years ago.
The Rebuttal: Source — Texas Watch, American College of Emergency Room Physicians
1. The governor is right. According to statistics collected by the TBME, between 2003-2005 (post-Prop 12), roughly 3,000 more doctors were licensed to practice medicine. But those same statistics reveal that between 2001-2003 (pre-Prop 12), roughly 3,000 additional doctors were licensed to practice medicine. With the same growth in the number of doctors both pre- and post-Proposition 12, attributing the cause of that growth to tort reform seems a stretch.
2. The rate of growth in the number of new doctors by region in traditionally underserved areas such as rural Texas and South Texas is lower now than it was before Prop 12. Only the major urban areas have seen any increase in the rate of growth. That largely may be due to factors not linked to medical malpractice, namely better facilities, fewer Medicaid patients and physicans’ lifestyle choices.3a. Even if more emergency room doctors are practicing in Texas, it doesn’t mean they are delivering “better health care.” According to a state-by-state report card conducted by the American College of Emergency Services, the state received near-failing grades in three of four categories: a D+ access to emergency care; a D+ in care/patient safety; and a D in patient safety. The state’s overall average was helped by its grade in medical liability reform: A+. Because of tort reform, Texas ER physicians only can be sued for gross negligence rather than simple negligence.3b. Supporters of Prop 12 claimed during the 2003 campaign that 60 percent of Texas counties were without obstetric and gynecology services. Today, more than two years after Prop 12 was implemented, roughly 60 percent of counties are still without those services.
The Index: Accuracy index rating — 2.4
Sorry Guv, but cause and effect on this issue is near-impossible to prove. And how can you say that lawsuit reform is bringing better health care to millions without acknowledging that one out of four Texans remains uninsured (highest rate in the nation), state spending on hospital care ranks near the bottom (41st in the nation) and there are huge shortages of board certified ER docs (44th) and registered nurses (48th)? We know you only had 30 seconds to make your pitch, but half the facts are worse than no facts at all.
