Seven female legislators, joined by obstetricians and gynecologists, urged fellow lawmakers Thursday to help stop frivolous lawsuits and rising insurance premiums for Texas OB/GYNs.
Texas Senator Florence Shapiro, R-Plano, spoke outside the Senate chambers about the dangers of expensive premiums.
The legislators are calling for a statute of limitations on OB/GYN malpractice suits and a cap of $250,000 on non-economic damages. Currently, plaintiffs can sue doctors years after delivery for millions of dollars in punitive damages.
"This situation affects us all as wives, mothers and grandmothers," Shapiro said. "Women and newborn babies are the real victims of skyrocketing insurance rates."
Shapiro claimed that Texas premiums, almost double the premiums in states such as California are driving some OB/GYNs out of business and others out of Texas.
Shapiro said this deprives some women, especially those in rural areas such as the Rio Grande Valley, of prenatal medical service close to home. Expectant mothers on Medicaid, find it hard to get care at all.
"When women can't get medical care in their area, it compromises their health and the health of their baby," Shapiro said. "Texas is moving toward a situation like Las Vegas, where doctors are turning away pregnant women because they can't afford the insurance to treat them."
According to the Physician Insurers Association of America, OB/GYNs were first among 28 specialty groups in the number of claims reported against them in 2000. At an average cost of $34,308, their claims were also the most expensive to defend.
Dr. Larry Pierce, an OB/GYN from Allen, said much of the money doesn't even go to plaintiffs, and sometimes plaintiffs sue for nonexistent damages.
"Typically, 40 cents on the dollar goes to the injured party in these suits," Pierce said. "During the trial, defense attorneys aren't even allowed to tell the jury if collateral source payments to the hospital were ever made."
Dr. Lisa Hollier, president of the Texas Association of Obstetricians and Gynecologists, said high liability premiums could have negative impacts in the future.
"I am an assistant professor at the University of Texas Medical School at Houston," Hollier said. "Medical students are asking why they should choose our specialty when professional liability issues may prevent them from practicing the very profession they are trained to do."
If the number of registered OB/GYNs in Texas goes down, Hollier said the problem will only increase.
"Women aren't going to stop having babies," Hollier said. "They are only going to get lower quality medical care."
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