Medical official says state in 'medical liability crisis'

Southern Standard
February 16, 2006

NASHVILLE, Tenn. -- American Medical Association officials claim Tennessee is in a "medical liability crisis" and on Tuesday joined doctors and others in ongoing attempts to limit damages from malpractice lawsuits.

Association president J. Edward Hill noted previous attempts at limiting medical liability in Tennessee have failed, but said changes to the law have been passed in other states.

"We've heard that in every state where there has been reform, opponents saying 'Over my dead body,'" Hill said. "Determination has gotten it done."

He spoke at a news conference with members of the Tennessee Medical Association and supporters from within the hospital, nursing home, insurance and drug industries.

Tuesday's announcement marks the 21st time the American Medical Association has declared a state to be in liability crisis in its ongoing attempts of limiting malpractice awards nationally.

Advocates of limiting malpractice lawsuit awards said such lawsuits are driving doctors out of business, causing their malpractice insurance premiums to rise to levels doctors can't afford and forcing doctors to stop performing high-risk treatment for fear of being sued.

Lawyers associations and some consumer groups have been opposed to changes in malpractice law.

Bill Mason, executive director of consumer watchdog group Tennessee Citizen Action, said keeping insurance companies from charging high premiums would do doctors more good than limiting what patients can win in courtrooms.

"The biggest cause of malpractice lawsuits is malpractice," Mason said. "We don't have runaway juries granting huge awards in Tennessee."

Sen. Mark Norris, R-Collierville, said problems caused by medical liability issues have gotten worse and that he planned to file legislation aimed at curbing malpractice lawsuits.

"When we started three years ago trying to pass legislation, we were in a pre-crisis stage," Norris said. "The first message is, 'We tried to tell you this was going to happen.' There is still time to change course."

Rep. Phil Overbey, R-Maryville, is sponsoring identical legislation in the House.

Their proposal would cap "emotional" damages at $250,000 in malpractice suits, Norris said. Patients could still recover all lost wages and medical costs in lawsuits.