Trauma and malpractice - Federalizing State Rights

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Just so you will know.   The following memo is from the TMLT,  (Texas 
Medical Liability  Trust).  It is run by practicing doctors and  is an extension 
of the clear headed Texas Medical Association, the largest state  medical 
association in the United States.    They have always  been non-partisan and 
have nothing to do with any lobbying  efforts.    Because malpractice suits 
are connected with trauma,  I thought it important to know what this company 
thinks about the current  government ideas about health care reform.    
Scary.    This is reason enough in itself to totally go back to the drawing  
board.   Remember the AMA boo ed Mr. Obama when he told them there  would be no 
tort reform considerations during Health Care  Reform.     No limits or 
caps on non-economic damages in a  malpractice case.      
 
Here is the report:  
 
 
To:  TMLT Physician  Policyholders

Subj:  LIABILITY THREAT ALERT

As  you know, discussions are now taking place on the federal level 
regarding health  insurance reform.

WE HAVE REASON TO BELIEVE THAT ATTEMPTS WILL BE  MADE TO ENACT FEDERAL LAWS 
THAT WILL PRE-EMPT OR OVERRIDE STATE LAWS, INCLUDING TEXAS TORT REFORM AND 
MEDICAL LIABILITY  CAPS.

Physician teams are being formed to meet with U.  S. Senators and U.  S. 
Representatives in an effort to prevent federal  pre-emption of state laws and 
current liability caps.

1.  Please go to http://www.trauma.org/index.php/community/list/url/http:list.ftech.net/pipermail/trauma-list/2009-August/_http://www.fyi.legis.state.tx.us/_ 
(http://www.fyi.legis.state.tx.us/)   to identify your U.  S. Senator and U.  S. Representative 
and email that information to us at _protecttortreform at tmlt.org_ 
(mailto:protecttortreform at tmlt.org
) 

2.  Please advise us if you know or have a relationship with your U.  S. 
Senator or U.  S. Representative.

Your prompt response and willingness to  participate will help protect 
Texas tort reform. Tort reform has been a small part of the  health insurance 
reform debate up to now, but we anticipate that the final  version(s) of the 
bill will include some language adversarial to maintaining  Texas 2003 caps 
and reforms. Accordingly, we are gathering information and  preparing our 
messages so that we may act at the most opportune times. Your  willingness to 
participate will be important to our continued  success.

Please respond to _protecttortreform at tmlt.org_ 
(mailto:protecttortreform at tmlt.org)  and look  for future alerts with specific requests and messages. 
Until then,

Thank  you, 

Dave W. Kittrell, M. D.
Chairman, Governing  Board
Texas Medical Liability Trust 

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