Dear Physician,

Rep. Doug Overbey and I have been the main proponents of medical liability reform in the state legislature for over five years.  We have worked diligently to educate members of the General Assembly, members of the medical profession, and the general public about the need for reform in order to ensure Tennesseans access to affordable health care.

The legislation we have proposed over the years consistently included three components in addition to caps: early certification, a Givens solution, and a HIPPA fix designed to expedite early evaluation and resolution of claims without merit. The component most people are familiar with is the capping of awards for non-economic damages or “pain and suffering damages.” 

Over the past two weeks, Rep. Overbey and I have been in discussions with the Chairman of the House Judiciary Committee, Rob Briley, to work on three out of the four components on which we could find some common ground this year and which would be positive steps in the ongoing effort to reform medical liability laws in Tennessee.  While caps are not in that equation at this time because we cannot reach a consensus to get the votes to pass, we have come to a consensus on issues that would be a victory for the reform movement and the citizens of Tennessee.  We hastened to act because one of our co-sponsors, Senator Shea Flinn, is departing the Senate.  He serves on the Judiciary Committee, and the meeting of March 6 was to be his last.

The Tennessee Medical Association has been quoted this week saying that they were “not at the table” in these discussions.  This is unfair given the fact that Rep. Overbey and I were in those discussions on their behalf and on your behalf.  We have been your advocates for over five years.  Not only are we both familiar with the issues as legislators, but we are both practicing medical malpractice defense attorneys.  We understand the issues and the importance of advancing the cause rather than posturing. 

The reality is that capping awards of non-economic damages is not going to pass through the General Assembly this year.  We will not give up on efforts to pass caps in the future, but we believe that some progress is better than no progress this year.  The alternative is to do nothing at all.

Attached is an outline of the concepts (PDF) we have been discussing in Nashville.  Also attached is an article that ran in yesterday’s Knoxville News Sentinel (PDF) that outlines the issue. 

I am hopeful that you will continue to trust us to advocate for the cause and to be supportive of our efforts.

Mark Norris
Senator