During the past several months, increasing numbers of you have written to express support for my efforts to achieve Tort Reform in Tennessee. This week, we began hearings in Nashville on this important initiative. I thought you might be interested in today's coverage by the Tennessean:

Committee on tort reform discusses factors affecting malpractice awards
Wednesday, 07/16/03

By DUREN CHEEK

Staff Writer

The work of a special joint legislative committee can keep Tennessee from becoming one of the so-called ''crisis states'' on medical malpractice awards, members of the committee were told yesterday.

Sen. Mark Norris, R-Collierville and a Memphis attorney, spoke to the legislative committee in the first of a series of meetings to study the issue of tort reform. A tort is a civil suit for damages.

Norris, a member of the committee, is sponsoring legislation to cap noneconomic damages in medical malpractice cases.

Republicans have pushed caps on malpractice awards in Congress, saying they are needed to stem the tide of doctors forced to quit their practices or relocate because of rising insurance costs. Democrats say the measure is a boon for insurers and is unfair to victims.

Tennessee has moved from a ''non-crisis'' state to a ''pre-crisis'' state, according to the most recent reports of the U.S. Department of Health and Human Services and one of the reasons is the average award in personal injury and wrongful death cases was up 46% in the 2002 fiscal year, Norris said.

John Summers of the Tennessee Trial Lawyers Association questioned the accuracy of the size of the award increase, saying court clerks often do not forward to the Administrative Office of the Courts information about awards, so the information the office collects is incomplete.

Carol A. Mutter, adjunct professor at the University of Tennessee College of Law, told the committee that a number of observers believe the increases are largely attributable to enhanced evaluations by jurors of pain and suffering and other noneconomic loss.

Rep. Rob Briley, D-Nashville, co-chairman of the committee with Sen. David Fowler, R-Signal Mountain, said the committee will look at a broad spectrum of issues dealing with torts. Fowler said he expects some of the discussions to center around a Supreme Court decision expanding the rights of recovery for loss of consortium, meaning loss of love and affection and a sexual relationship.