Patients’ Compensation Fund and the Bad Faith Cause of Action: Two Proposed Amendments to the Medical Liability and Insurance Improvement Act of Texas
Power, Russell B.
Wyler, Karl O., III
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Discusses the current state of medical malpractice claims in Texas and the Medical Liability and Insurance Improvement Act of Texas. The article then proposes two amendments to the act, including a patients’ compensation act and a bad faith counterclaim remedy for physicians. The article discusses the purposes of a patients’ compensation fund, the reasons for enacting the fund, reviews statutes and court decisions from states that already have such funds, and analyzes the factors which make the funds attractive in Texas. The article next discusses the current unavailability of a remedy for physicians wrongfully accused of malpractice and details the need for this remedy in Texas. The article proposes both amendments be adopted by the legislature.