TMA and Lawsuits, Special Consideration Under the Law?
Written by Editor   
Wednesday, September 03, 2014 11:30 AM

In Texas during 2003 a daily steady drum-beat of news stories highlighted what was termed a rapidly growing “doctor shortage.” The problem was especially acute, were were told by the medical profession, in areas of the state where medical malpractice lawsuits were said to be common and abusive because irresponsible juries awarded exorbitant punitive damages and made trial lawyers rich.  Yet while TMA basks in the glow of lawsuit protection, it does not deter TMA / AMA from using (or overusing) the courts to protect their own kind through endless litigation.

In response to the TMA, its associated medical societies, and its allies, the legislature severely capped med-mal awards along with other tort reform policies hoping that the law would alleviate the dreaded "provider shortages across Texas."

For whom did this law work?  Answer: TMA, its associated medical societies, and its political allies have gone from the cellar to the penthouse.

Except for the continued severe healthcare provider shortage still plaguing patients in every part of the state, and medical costs which continue to skyrocket, the TMA’s 2003 law has been a resounding success.  

Yet while TMA basks in the glow of lawsuit protection, it does not deter TMA / AMA from using (or overusing) the courts to protect their own kind through endless litigation. Check out the “Litigation Center” on AMA’s own website where they FEATURE the lawsuits in progress:

Scope battles, every one. Here are a few highlights.

  • California Society of Anesthesiologists and California Medical Association v. Brown
  • Colorado Medical Society v. Colorado Board of Chiropractic Examiners Colorado
  • Iowa Medical Society v. Iowa Department of Public Health
  • Tennessee Medical Association v. Tennessee Board of Dentistry
  • Texas Medical Association v. Texas Board of Chiropractic
  • Texas Medical Association v. Texas State Board of Examiners of Marriage and Family Therapists
  • Texas Orthopaedic Association v. Texas State Board of Podiatric Medicine

It’s pure hubris, disingenuousness, hypocrisy or something really, really wrong that can prompt TMA to seek and receive blanket liability protection on the one hand, while using the court system to spend their “rivals” into oblivion on the other. But of course, that’s part of the grand plan.

In our view, TMA /AMA uses their legal and financial resources to force healthcare providers, which do not have such vast resources to spend on legal fees. Legal action is used to weaken their prey.

Adding insult to Injury – When TMA sues a state regulatory board on a scope matter, the state’s attorney general is charged to defend the regulatory agency. That’s right. Tax dollars are used to defend against TMA’s litigious strikes, proving that you can have your cake and eat it too (and occasionally have the taxpayers pay for it) where the medical profession is concerned.

Source:  http://healthcareaccessfortexas.com/tma-and-lawsuits-having-the-best-of-all-possible-worlds/