Abstract
The Deceptive Trade Practice–Consumer Protection Act (DTPA) was enacted to give full protection to consumers from deceptive practices and substandard products and services. However, the Medical Liability and Insurance Improvement Act was designed to decrease litigation costs and limit liability exposure for physicians and health care providers. The Texas legislature and courts have been forced to reconcile the 2 acts and determine how each act should be construed in order to give full effect to the public policies underlying both. This article provides an overview of the latest changes in the law that can affect the susceptibility of physicians and health care providers to claims under the DTPA and offers advice for reducing the potential for liability under the DTPA.
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