Plaintiffs' attorney Mark Werbner dubious of pending Texas Surpreme Court review
As challenges mount to the 2003 tort reforms, the Fort Worth Star-Telegram outlines how backers of Texas tort reform are taking an unusual step and seeking out a direct appeal of a case to the Texas Supreme Court for a ruling on whether the reforms comply with the state constitution. Plaintiffs' attorneys like Mark Werbner of Dallas-based Sayles Werbner question the strategy used by supporters of tort reform, telling the Star-T that the unusual direct

appeal to the Texas Supreme Court appears to be an attempt to prevent other cases that promise a stronger challenge to the reforms. "This is another way to put more nails in the coffins of people who are dying because of medical malpractice," he says, adding that tort reform has created a system that has taken away the ability of most Texans to seek legal recourse for medical errors.

Supporters of tort reform, meanwhile, describe how changes in the system in Texas have made the state a more friendly economic environment for doctors.

The Star-T sums it up:  The debate pits two sides with starkly different takes on the effects of the cap. To the medical groups, the $250,000 cap on "noneconomic" or compensatory damages for pain and suffering has helped high-risk patients because doctors are now willing to accept complex cases. Proponents say the cap has also made it easier to recruit new physicians - Texas has almost 300 more licensed doctors than it did a year ago. What's more, medical liability rates have dropped by 26.6 percent overall since 2003, when the cap became law, according to the Texas Department of Insurance. Critics say the cap dealt a crushing blow to patients' rights because many of those who suffered life-threatening injuries effectively have no legal recourse. That's because of the economics of the lawsuits.