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Judi Lynn

(160,212 posts)
Fri Oct 9, 2015, 11:42 PM Oct 2015

Texas doctors may refuse to treat New Mexico patients

Source: KCBD

Texas doctors may refuse to treat New Mexico patients
Posted: Oct 09, 2015 6:17 PM CDT
Updated: Oct 09, 2015 6:17 PM CDT
By KCBD Staff

HOBBS, NM (KCBD) -

Some doctors here in Texas are threatening to stop seeing patients from New Mexico.

That's according to the New Mexico Medical Society.

The Hobbs News-Sun reports that patients have filed lawsuits in New Mexico for procedures done in Texas.

A judge ruled that New Mexico law applies, not Texas law.


Read more: http://www.kcbd.com/story/30228878/texas-doctors-may-refuse-to-treat-new-mexico-patients

12 replies = new reply since forum marked as read
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Texas doctors may refuse to treat New Mexico patients (Original Post) Judi Lynn Oct 2015 OP
Yet for awhile, TexasTowelie Oct 2015 #1
I am confused, if the the people were treated in texas then shouldnt cstanleytech Oct 2015 #2
I'm so fucking sick of Texas! Aristus Oct 2015 #3
I can see why doctors would refuse for an elective procedure Travis_0004 Oct 2015 #4
Don't hate the player; hate the game Attorney in Texas Oct 2015 #8
I honestly don't blame the doctors. christx30 Oct 2015 #10
Read the article. Docs get the malpractice insurance required by their state. McCamy Taylor Oct 2015 #5
Just a guess but it's likely they are referred to the Texas doctors by Jesus Malverde Oct 2015 #7
Maybe they took the hypocritic oath world wide wally Oct 2015 #6
This Is An Excellent Example.... cynzke Oct 2015 #9
If Texas doctors are being sued, who wants to go to them anyway? Vinca Oct 2015 #11
Are the Texas doctors aware rocktivity Oct 2015 #12

TexasTowelie

(111,292 posts)
1. Yet for awhile,
Fri Oct 9, 2015, 11:53 PM
Oct 2015

the women in the El Paso area had to go to either Mexico or New Mexico to obtain an abortion.

Apparently Texas doctors believe that medical malpractice suits should only be filed under Texas law which is far more favorable for physicians and with limits on jury awards.

cstanleytech

(26,080 posts)
2. I am confused, if the the people were treated in texas then shouldnt
Fri Oct 9, 2015, 11:53 PM
Oct 2015

any lawsuit have to be filed inside texas regardless of their state of residence?

Aristus

(66,087 posts)
3. I'm so fucking sick of Texas!
Fri Oct 9, 2015, 11:59 PM
Oct 2015

Hey, Texas doctors! Treat the patient in front of you, or turn in your license!

 

Travis_0004

(5,417 posts)
4. I can see why doctors would refuse for an elective procedure
Sat Oct 10, 2015, 12:43 AM
Oct 2015

As a doctor I have to have malpractice insurance ( for the state of texas)

If I now have to buy it for New Mexico, my cost almost doubles, when only 10% of paitents are from new mexico.

I could charge more, which would price them out, or just not see them, which I think is the easiest choice for electice procedures.

I think the New Mexico courts messed this up, not the doctors.

Attorney in Texas

(3,373 posts)
8. Don't hate the player; hate the game
Sat Oct 10, 2015, 10:30 AM
Oct 2015

Nobody suffers from the anti-patient attitude of the Texas Legislature and the Texas medical lobby than Texans.

christx30

(6,241 posts)
10. I honestly don't blame the doctors.
Sat Oct 10, 2015, 12:31 PM
Oct 2015

I'd want to make sure I was protected from any litigious person. And I would refuse to do business with someone that could destroy me financially. If they aren't a customer of yours, and you haven't done anything yet, you can send them to a doctor at home that can help them.

McCamy Taylor

(19,240 posts)
5. Read the article. Docs get the malpractice insurance required by their state.
Sat Oct 10, 2015, 01:51 AM
Oct 2015

If they are then sued by other states using other standards, they may be liable for millions that their insurance will refuse to pay. In other word, even with malpractice insurance, the doctor could go broke?

Why would a court claim that the laws of the patient's state govern care given in another state? Makes no sense to me. The home state medical board does not regulate the out of state doctor. So why should the home state laws apply?

What if, for instance, a DA from a state that requires a three day waiting period before abortion decided to press criminal charges against a doc in the next state who performed the Ab without the three day wait? Should a patient who went out of state to avoid the waiting period then be able to complain or sue because the doctor did not give her three days to think it over?

Once we take control of health care out of the states, we risk running into trouble. Do you want the current House in DC to tell you what you can do with your body?

Jesus Malverde

(10,274 posts)
7. Just a guess but it's likely they are referred to the Texas doctors by
Sat Oct 10, 2015, 06:57 AM
Oct 2015

New Mexico phisicians and the services are paid for by NM insurance. Otherwise I don't see how this could apply.

cynzke

(1,254 posts)
9. This Is An Excellent Example....
Sat Oct 10, 2015, 11:00 AM
Oct 2015

how the CONCEPT of purchasing INSURANCE across state lines to save money runs into reality....CONFLICTING state laws and consumer protections. States regulate health care and all lines of insurance. Level of standards and consumer protections vary. If one state level of standards is lower than the other it increases the odds that doctors in states with lower standards could be sued more by the patients living in states with higher standards. Insurance companies look at ALL risks that can bring about a malpractice lawsuit and payout. They don't want to assume the risks that increase with lower standards. Therefore in this case, Texas malpractice insurance companies don't want to cover Texas doctors who accept NM patients if they have higher consumer protections and this increases the odds that Texas doctors might commit malpractice by not meeting NM standards. Texas malpractice insurance companies can refuse to cover out of state lawsuits filed by out of state patients. Even if the NM patient was required to file a lawsuit in Texas, Texas legislators would need to pass a law stating that malpractice lawsuits are limited to/by Texas standards and can ONLY be BASED on TEXAS standards/consumer protections. Unless this is offered to reduce the risks, Texas malpractice insurance companies will exempt liability coverage for out of state patients, thus requiring doctors to maintain liability insurance from more than one state.

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