A showdown is brewing in Texas over what patients have the right to know before undergoing medical procedures. Kay Van Wey, a top medical malpractice attorney and fierce advocate for patient rights, took the fight straight to state lawmakers. She testified before the Texas House Judiciary and Civil Jurisprudence Committee, urging support for House Bill 923 (HB 923), which could change the way medical risks are disclosed to patients.
Van Wey didn’t mince words. “We can find out more about a dishwasher’s potential defects than we can about the risks of surgery,” she told lawmakers. “That’s unacceptable.”
What’s Wrong with the Current System?
At the heart of the debate is the Texas Medical Disclosure Panel (TMDP). This group decides which risks doctors are required to disclose before a patient agrees to treatment. The problem? The panel is stacked with healthcare providers and their lawyers—people who have a vested interest in keeping disclosures minimal to avoid lawsuits.
HB 923 seeks to change that by:
- Adding two new members, bringing the panel to 11, with a more balanced mix of perspectives.
- Requiring at least one member with expertise in health literacy so that disclosures are written in plain language.
- Ensuring at least one attorney on the panel is board-certified in personal injury trial law to represent patient rights.
- Blocking anyone with ties to the healthcare or insurance industries from serving as a so-called “public” representative.
Van Wey argues this isn’t just about legal technicalities—it’s about protecting people from preventable harm.
The High Stakes of Informed Consent
For many patients, signing a consent form is just another piece of paperwork before a procedure. But what they don’t know could hurt them. Without clear disclosures, people agree to medical treatments without a full understanding of the risks.
HB 923 aims to fix that. If passed, it would ensure that patients are given information in language they can actually understand—not in legalese designed to shield hospitals and doctors from liability.
“This isn’t about making life harder for doctors,” Van Wey said. “It’s about making life safer for patients.”
What Happens Next?
The bill, introduced by Rep. Cassandra Hernandez, is now in the hands of lawmakers. If they vote in favor, Texas could set a precedent for other states. If they don’t, the status quo continues—where medical consent is more about legal protection than patient education.
For now, all eyes are on Austin. Will Texas put patients first?