Special Message - January 23, 2003

TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE SEVENTY-EIGHTH TEXAS LEGISLATURE, REGULAR SESSION:

All across Texas, doctors are abandoning the medical profession because of soaring malpractice rates and the plague of frivolous lawsuits. If this issue is not addressed soon, the medical malpractice crisis will do lasting damage to the practice of medicine in Texas and undermine the access Texans have to the quality, affordable health care they need.

NOW, THEREFORE, I, RICK PERRY, Governor of the State of Texas, pursuant to Article III, Section 5, of the Texas Constitution and by this special message, submit the following emergency matters for immediate consideration to the 78th Legislature, now convened:

Legislation that makes meaningful tort reform for the health care profession including but not limited to capping non-economic losses to plaintiffs at $250,000 and limiting plaintiffs' attorney fees to a prescribed schedule based on the size of the award.

Legislation that creates special courts or designates special judges to hear medical malpractice claims. These judges would have expertise in malpractice issues and would be better able to toss out frivolous lawsuits. This legislation should encourage these special courts or special judges to sanction lawyers and award litigation costs in frivolous cases.

Legislation that improves the Board of Medical Examiners' ability to police the medical profession and safeguard patient care through enforcement of licensing laws and consistent disciplinary enforcement actions.

Legislation that develops a process by which doctors and hospitals around the state can agree upon a clear set of procedures for reducing medical errors, and for clear and swift disciplinary actions against the relatively few bad doctors.

Legislation that extends tort immunity to health care providers who treat low-income patients.

Legislation that provides for a form of temporary, emergency liability insurance coverage for doctors who have been denied coverage solely for economic reasons.

Legislation that expands the Texas Department of Insurance and the Commissioner's exclusive ability to review insurance companies' rates and ensure that medical malpractice premiums are commensurate with losses.

Respectfully submitted,

RICK PERRY Governor

Austin, Texas
January 23, 2003