Courtesy of TexasWatch
PROTECTING TEXAS PATIENTS
The current medical malpractice liability crisis has a significant impact on the availability of quality care available to Texas patients. Solutions to this crisis must consider all elements that affect the delivery of quality care. Texas Watch and its Patient Safety Advocates of Texas support the following proposals to develop a system-wide approach to ensuring quality medical care is available to all Texas families.
Strengthen State Board of Medical Examiners
- Increase proportion of community members serving on Board; mandate that one of them be a patient representative.
- Create a Patient Advocate position (similar to Office of Public Insurance Counsel) within BME.
- Increase type and detail of public information readily available about Board complaints, investigations, disciplinary orders and other actions.
- Ensure the BME has the resources and direction to properly investigate patient complaints and impose sanctions/penalties against doctor misconduct.
- Improve complaint process by standardizing complaint process for all health professions and provide feedback to complainants about claim progress and action.
Open Information for Texas Patients
- Eliminate shroud of secrecy over State Board of Medical Examiners activities
- Improve access to public information about doctors concerning settlements, awards, verdicts and disciplinary actions.
- Orders and formal complaints resulting in disciplinary action against a
physician—including suspension, reprimand, fines, probation and license suspension should be published on State Board of Medical Examiners web site.
Stopping Medical Errors
- Create consortium to collect and report information on medical errors in hospitals and publish recommendations for improvements.
Insurance Company Accountability
- Bring TMLT under state oversight to regulate rates, ensure financial viability and monitor claims handling procedures.
- Ensure 100% rate regulation of medical malpractice liability insurance companies.
- Increase use of experience ratings for medical liability insurance.
- Improve standardized collection and analysis of medical liability insurance data.
Legal Reforms
- Prohibit a person whose medical license has been revoked or suspended in another jurisdiction from practicing in Texas.
- Create criminal penalties for failure to disclose prior disciplinary action.
- Provide whistle-blower protection for doctors, nurses and other caregivers.
- Prohibit secret settlements.
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