Op/Ed: Tort reform opens doors for ‘bottom of class’ Doctors

By: Todd Kelly

Question: What do you call the person who graduates last in his class from medical school?

When Texans voted for caps on damages for doctors in 2003 (along with the hidden Amendment to the Texas Constitution that did away with the “Open Courts” provision), they effectively limited their right to trial by jury, which was otherwise sacrosanct under the 7th Amendment to our Constitution.

Then Governor, Rick Perry, praised the results by touting how many physicians were now coming to Texas.  He forgot to add that most of them were at the bottom of their medical school classes, or were fleeing from justice in jurisdictions that could still hold them fully accountable.

This result is not a surprise, but rather a foreseeable consequence of creating a protected class of citizen (at least in the civil world).  What is amazing is that with this doctor (and some others I know) their relative immunity created such a cavalier attitude about their practices that they rose to the level of criminal neglect.

Now, without the ability to hold most doctors liable, some physicians are making a killing.  Literally and figuratively.

Answer:  A Doctor.

*Opinion in response to the jury conviction of Dallas neurosurgeon Christopher Duntsch

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