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Tort reform compromise crafted Would limit liability for medical malpractice By Richard Locker, Commercial Appeal NASHVILLE -- A compromise approach to the long-festering issue of medical malpractice and liability reform was unveiled and jumped its first committee hurdle in the Tennessee legislature late Tuesday. The legislation focuses on weeding out "merit-less" malpractice lawsuits against physicians and other health care providers. It was crafted in weeks of behind-the-scenes negotiations led by Senate Republican Leader Mark Norris of Collierville, the bill's Senate sponsor. The compromise omits a proposed $250,000 cap on "non-economic" damages in malpractice cases that the Tennessee Medical Association has sought for six years but which are vehemently opposed by the Tennessee Trial Lawyers Association. By requiring lawyers representing people who file malpractice negligence lawsuits to notify all physicians and health care providers who will be defendants in the suit at least 60 days before filing. The parties will be free to consult with each other. By requiring the victim's lawyers, within 90 days after the claim is filed, to submit a "certificate of good faith" stating that they have consulted with medical experts who have provided a written statement that they believe there is a good faith basis to the claim. A judge could impose sanctions against lawyers who violate these provisions. By making it easier for parties in a case, including all defendants, to get quicker access to the plaintiff's medical records. Norris acknowledged that the compromise is an "incremental step" on the road to comprehensive liability reform that physicians have sought, but he said the political realities are that broader provisions will not pass the House of Representatives. "About 80 percent of the (malpractice) cases are dismissed. They are clogging up the system. This addresses that. It is a small step but it is movement. We are trying to cut down the number of merit-less claims, to separate the wheat from the chaff earlier," Norris said. The TMA and Memphis doctors who were present said they support the measure. "It was kind of a small part of the puzzle. We realized we probably wouldn't get the whole package and we worked to get what we could get through the committee," said Dr. Robert Miller, an orthopedic surgeon at Memphis's Campbell Clinic. "I think it will help. A lot of the goal is to get an earlier resolution of the cases and to identify the cases without merit. That will be appreciated by the medical profession," he said. Mary Littleton of the Trial Lawyers Association was more guarded: "We are encouraged that the parties were able to sit down and come to what appears to be a tacit agreement, but adding another hoop for patients to jump through at a tough time in their lives is not something anyone would like to see." The bill passed the Senate Judiciary Committee unanimously. It is scheduled for House subcommittee review next week. |
