Norris Medical Liability Reform Bill Passes Senate

March 29, 2007

NASHVILLE --- Senate Bill 2001, sponsored by Senate Republican Leader Mark Norris (R-Collierville) with fifteen other state senators as co-sponsors, passed unanimously through the Senate on Monday night.  The legislation is designed to reduce the number of frivolous lawsuits filed in Tennessee each year and to reduce costs by reducing unnecessary litigation.

“We’ve been working on this issue for six years,” Norris said.  “The progress we’ve made is significant.  Recent data suggests that 80% of lawsuits filed are dismissed,” Norris said.  “We hope to hold lawyers accountable while safeguarding access to the courts for those who deserve it.”

The legislation is designed to reduce meritless lawsuits by requiring early evaluation and streamlined disclosure of medical records.  Lawyers will be required to submit a “certificate of good faith” stating that qualified experts have reviewed claims and determined they have merit.

Senate Bill 2001 also speeds the disclosure of patient records and enhances lines of communication between the parties to a suit.

Norris praised the efforts of Rep. Doug Overbey (R-Maryville), the sponsor of the companion House bill.

He also recognized the efforts of Rep. Rob Briley (D-Nashville), chair of the House Judiciary Committee and traditional opponent, for his willingness to negotiate this year.

“Rep. Overbey and I have worked diligently to educate members of the General Assembly and the public about the need for medical liability reform to ensure Tennesseans’ access to affordable health care,” Norris said.

The capping of awards for non-economic damages, known as “caps,” proved to be a stumbling block between the parties for several years.

“The reality is that the case for caps could not be made this year,” Norris said.  “We may do so in the future, but progress now is better than no progress at all.  This legislation advances the best interests of patients as well as the providers who heal them.”

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