Medical Malpractice Reform Makes Unexpected Move in Committee

A broad compromise on medical malpractice reform moved forward today as the state Senate Judiciary Committee approved an amendment that would allow such suits to be reviewed before going to trial. The purpose is to weed out litigation that’s obviously frivolous.

The committee approved the bill, clearing its path to the Senate floor. Senator Mark Norris, a Republican trial lawyer, unveiled the six-page amendment after a month of closed-door meetings with state Representative Robb Briley. He’s a Democrat and an attorney who represents doctors and health care providers.

Norris said two years of study showed that eighty percent of suits filed were dismissed with no further action. He says it’s still a work in progress.

“Medical liability reform evolves, and it’s taken us six years to get where we got today. And we’ll keep taking the pulse on the issue and proceed accordingly. The bill still has to get through the House committee and I have tremendous respect for the member of the House Committee and the chairman there. There will be some other concerns expressed and we’ll need to try to deal with those.”

Under the new provision, a medical malpractice lawsuit must be reviewed and certified within 90 days of being filed in court. A plaintiff must consult a qualified expert who would confirm that the suit is a good faith effort. Failure to meet that test would allow it to be dismissed.

The Tennessee Medical Association for several years has attempted to get the amount on non-economic damages limited by caps, but the new agreement doesn’t make any.

Trial lawyers had opposed the effort saying it would limit citizens’ access to the courts.

Lobbyists on both sides said the amendment meets the criteria for a successful compromise – that is, no one is completely happy with it.

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Norris said some people involved in the discussions would still like other amendments – such as defining whether an “expert witness” is an expert on a locality, the whole state, or on national practice.

The bill, SB 2001, is paired with HB 1993 in the House.

Earlier today the House bill was deferred to April 3rd in the House Civil Practice Subcommittee.