Last week, the Chronicle ran a fairly egregious editorial slamming the Texas medical profession:
The outrageous saga of Houston surgeon Eric Scheffey is an indictment of the medical profession and those who are supposed to regulate it. It also undermines the argument that frivolous lawsuits are primarily to blame for high malpractice insurance rates.
That is typical Wasteland garbage.
According to the deep thinkers at the Chronicle, every single person involved in any way with the Texas medical community is bad, all because of one person who obviously is not representative of the entire Texas medical community.
The Texas Medical Association responded to the Chronicle‘s editorial and the ever-gracious Chronicle ran it as an edited letter to the editor, instead of a complete op-ed. What the Chronicle edited out of the response would have given the Chronicle editorial some context. We’ll get to that in a minute.
The TMA response tried to provide some background on the Texas Board of Medical Examiners:
That is why TMA lobbied to create a licensing and oversight agency such as the BME as far back as 1837. That is why over the ensuing one and a half centuries Texas physicians have repeatedly boosted their licensing fees to fund a vigorous BME. Unfortunately, until the 78th Legislature in 2003, only 20 percent of physician licensing fees went to enforcing the rules set forth to weed out incompetent, ill, or downright criminal practitioners.
But with the help of Sen. Jane Nelson and Rep. Ray Allen, SB 104 passed. This bill included an $80 increase in physician licensing fees which we supported because the additional funds were dedicated to improve operations at the BME.
This bill also granted the BME new authority to immediately suspend the license of any physician whose continued practice constituted a real danger to the health of his patients.
Interesting. Up until 2003 only 20 percent of physician licensing fees went to enforcement. Wonder where the other 80% went? We can guess. So in 2003 the licensing fees went up again, the extra money was dedicated to improvements at the BME, AND the BME was granted new authority to deal with dangerous doctors. Sounds like there may have been some limitations to the BME’s ability to take action against a doctor, prior to 2003. Guess what else happened in 2003, when that bill was passed? It’s the context the Chronicle edited out of the TMA response:
The doctor in question lost his license to practice medicine Aug. 29, 2003.
The doctor in question is Eric Scheffey, the one who the Chronicle editors say indicts the entire Texas medical establishment. The Chronicle didn’t point that out in the editorial.
The Chronicle editorial also made this assertion:
The truth about malpractice is that most patients harmed by medical procedures don’t sue. Most of those who do sue get little or no compensation. As for frivolous lawsuits, the conservative, Republican civil district judges in Harris County say they encounter few frivolous lawsuits that merit dismissal.
Of course, as is par for the Chronicle-course, the editors offered not a single source to backup those claims. The TMA again attempted to provide some context:
There are no statistics to support the Chronicle’s position on how many patients who have been harmed do not sue. Statistics do show, however, that 87 percent of the claims brought against physicians in Texas are closed with no payment whatsoever to the plaintiff, only the physician’s payments to his or her medical liability insurer.
Obviously editorials express the opinion of the editors, but it would be much more responsible journalism if the editorials had some basis in truth, facts and logic. This editorial took an opportunity to bash, once again, the medical community and tort reform, which the Chronicle has never supported, and in fact, devoted much effort to defeat.
Please click Read More to read the full text of the Texas Medical Association’s response to the Chronicle, the edited response the Chronicle ran as a letter to the editor, and the Chronicle editorial.
Here’s the full TMA response:
Special to the Houston Chronicle
December 30, 2004By Bohn D. Allen, MD
President, Texas Medical AssociationThe Texas Medical Association and the Houston Chronicle editorial board are in agreement on one thing: “Until the last bad doctor is rooted from the profession, the duty of the Texas State Board of Medical Examiners will not be done.”
That is why TMA lobbied to create a licensing and oversight agency such as the BME as far back as 1837. That is why over the ensuing one and a half centuries Texas physicians have repeatedly boosted their licensing fees to fund a vigorous BME. Unfortunately, until the 78th Legislature in 2003, only 20 percent of physician licensing fees went to enforcing the rules set forth to weed out incompetent, ill, or downright criminal practitioners.
But with the help of Sen. Jane Nelson and Rep. Ray Allen, SB 104 passed. This bill included an $80 increase in physician licensing fees which we supported because the additional funds were dedicated to improve operations at the BME.
This bill also granted the BME new authority to immediately suspend the license of any physician whose continued practice constituted a real danger to the health of his patients. The board has been exercising this responsibility. The doctor in question lost his license to practice medicine Aug. 29, 2003.
Now, let’s talk about the points with which Texas physicians disagree with the Chronicle’s editorial board. We find your headline egregious and many of your conclusions insupportable. The only professional license a physician carries is the one that grants him or her the privilege and the responsibility to care for the ill and the injured, and to maintain the health of all Texans.
There are no statistics to support the Chronicle’s position on how many patients who have been harmed do not sue. Statistics do show, however, that 87 percent of the claims brought against physicians in Texas are closed with no payment whatsoever to the plaintiff, only the physician’s payments to his or her medical liability insurer.
It is in everyone’s best interest that Texas have a strong board of medical examiners, and the TMA stands at the front of the line in support of the mission of the Texas State Board of Medical Examiners. TMA urges the Chronicle to support the overwhelming majority of good physicians who provide quality care to their patients and who support the high standards of our profession.
Bohn D. Allen, MD, is president of the Texas Medical Association, the largest state medical society in the nation, representing more than 39,500 physician and medical student members. It is located in Austin and has 120 component county medical societies around the state. TMA’s key objective since 1853 is to improve the health of all Texans.
Here’s the edited letter to the editor:
The Texas Medical Association and the Houston Chronicle Editorial Board are in agreement on one thing: Until the last bad doctor is rooted from the profession, the duty of the Texas State Board of Medical Examiners will not be done.
That is why TMA lobbied to create a licensing and oversight agency such as the BME as far back as 1837. That is why over the ensuing one and a half centuries, Texas physicians have repeatedly boosted their licensing fees to fund a vigorous BME.
The TMA also supported a Texas Senate bill passed in 2003 that granted the BME authority to immediately suspend the license of any physician whose continued practice constituted a real danger to the health of his patients.
Now, lets talk about the points in which Texas physicians disagree with the Chronicle’s Dec. 30 editorial “License to kill.” We find the headline egregious and many of its conclusions insupportable. The only professional license a physician carries is the one that grants him or her the privilege and the responsibility to care for the ill and the injured, and to maintain the health of all Texans.
Statistics show that 87 percent of the claims brought against physicians in Texas are closed with no payment whatsoever to the plaintiff, only the physician’s payments to his or her medical liability insurer.
It is in everyone’s best interest that Texas have a strong board of medical examiners, and the TMA stands at the front of the line in support of the mission of the Texas State Board of Medical Examiners. TMA urges the Chronicle to support the overwhelming majority of physicians who provide quality care and who support the high standards of our profession.
BOHN D. ALLEN, M.D.
president, Texas Medical Association,
Austin
And here is the Chronicle editorial in question:
The outrageous saga of Houston surgeon Eric Scheffey is an indictment of the medical profession and those who are supposed to regulate it. It also undermines the argument that frivolous lawsuits are primarily to blame for high malpractice insurance rates.
According to one database, Scheffey was the most-sued physician in the nation. The doctor acknowledged that he and his insurers had paid out more than $10 million to settle claims. Under Scheffey’s care, four patients died. Two others committed suicide while pursuing malpractice claims.
As bad or worse than Scheffey’s many botched operations were the unnecessary surgeries. In a report to the Texas State Board of Medical Examiners, two administrative law judges examined 30 operations performed by Scheffey, finding that 29 of them were partially or wholly unnecessary. Some patients endured multiple operations unjustified by the medical record, procedures that left them worse than before.
As bad as Scheffey’s incompetence and conscienceless behavior is that of the doctors and hospitals who enabled Scheffey to continue practicing, knowing the high price being paid by his patients.
“Make more money” seems to have replaced “do no harm” as some providers’ maxim.
Even after warnings and other disciplinary action � even after Scheffey was arrested driving a car containing cocaine and admitted that he had used cocaine for at least 18 months, the board elected to put him on probation rather than pulling his license.
Armed with greater resources for investigation, the medical examiners board is expected to rule on Scheffey’s case in February. The board will end Scheffey’s medical career, belatedly, or forfeit any claim to be acting in the public interest.
The truth about malpractice is that most patients harmed by medical procedures don’t sue. Most of those who do sue get little or no compensation. As for frivolous lawsuits, the conservative, Republican civil district judges in Harris County say they encounter few frivolous lawsuits that merit dismissal.
Supporters of tort reform � a movement that has systematically reduced citizens’ ability to win compensation from those who harmed them � promise that state authorities are going to get tough on the bad doctors and other care providers. Until the last bad doctor is rooted from the profession, the duty of the Texas State Board of Medical Examiners will not be done.
