In an op-ed in the Fort Worth Star-Telegram, Profs. Ronen Avraham, David A. Hyman and Charles Silver wrote that Rep. Michael Burgess (R-TX) “recently introduced the Medical Justice Act in hope of imposing Texas-style damage caps [for medical malpractice suits] on the entire United States.” The authors argue that this would not constitute “smart” tort reform. “Conditioning caps and other lawsuit restrictions on the delivery of safe, cost-effective medical care would encourage all providers to stay current and ensure that patients get the best possible care. By linking restrictions on liability to compliance with medical guidelines, the legal system would give physicians, hospitals and other healthcare providers a clear and consistent incentive to do a better and more cost-effective job.”
From the American Association for Justice news release.