Dr. Jay Barrash, a neurosurgeon affiliated with the Texas Heart Institute, expressed concerns over patients being exploited through unnecessary and overpriced procedures linked to litigation schemes. He hopes that proposed reforms will address this issue.
"What I'm seeing is appalling," said Barrash. "I am seeing unnecessary medical care, you can't call it medical care, unnecessary procedures being done at outrageous billing for what is usual and customary for the same procedure in the world. I'm seeing people used to make money. Having treatments that are too long and being overcharged. I hope we can change that."
Protecting American Consumers Together (PACT) released a statement following public testimony on House Bill 4806, which aims to tackle lawsuit abuse in Texas. According to Executive Director Lauren Zelt, the testimony highlighted how the current system ensnares victims in a "web of exploitation" and raises costs for Texas families by an estimated $4,600 annually. Witnesses included a former personal injury client who described unethical attorney-doctor arrangements and a small business owner who faced a $5 million lawsuit. Chairman Jeff Leach challenged trial lawyers over misleading dark-money campaigns. State Representative Greg Bonnen assured that the bill would maintain access to justice for victims.
Dr. Jay Barrash delivers his testimony in a committee hearing on May 7
| X.com
A study from the U.S. Chamber Institute for Legal Reform indicated that Texas ranks among the top five states for nuclear verdicts, with 130 personal injury and wrongful death cases resulting in $16 billion in awards from 2013 to 2022. The study pointed out that "anchoring" tactics—where attorneys suggest arbitrary, high-dollar damage amounts—played a significant role in inflating jury awards. One instance involved a $39 million verdict in an auto accident case after a plaintiff’s lawyer proposed a symbolic per-mile damage figure; the Texas Supreme Court later overturned it due to improper tactics. These excessive awards contribute to higher insurance premiums and consumer costs while undermining fairness in the legal system.
A report from the American Tort Reform Association (ATRA) shows that Texas is a major hub for legal services advertising, with Dallas and Houston ranking among the top ten U.S. media markets for total spending on these ads in 2024. Dallas saw approximately $69.8 million spent on 622,212 ads, while Houston accounted for over $56.6 million on more than 411,000 ads. These figures reflect a broader national increase in trial lawyer advertising, which reached $2.5 billion across the U.S. last year—more than double what pizza restaurants spent.
The American Property Casualty Insurance Association (APCIA) and Munich Re US conducted a survey revealing that most Americans believe certain plaintiff lawyer tactics, such as excessive advertising, third-party litigation funding (TPLF), and jury anchoring, contribute to rising insurance and consumer goods costs. The Harris Poll found that 69% think TPLF and jury anchoring increase insurance costs, while 66% say these practices raise prices of everyday items. Additionally, 77% agree that allowing foreign investors to participate in TPLF could pose a national security threat.
Dr. Jay Martin Barrash is a board-certified neurosurgeon based in Bellaire, Texas, with over 55 years of experience in neurological surgery. He earned his medical degree from the University of Maryland School of Medicine in 1966 and completed his neurosurgical residency at Baylor College of Medicine.