Tennessee Med Mal Reform

Side Note: Governor Bill Haslam is working on med mal reform in the state of Tennessee. His proposal, which has been fairly well-received by some and not so well-received by others, proposes caps on med mal damages, which we here at MyMedicalMalpracticeInsurance.com are in favor of supporting. Governor Haslam’s proposal originally recommended a $500,000 cap on med mal punitive damages and a $750,000 cap on non-economic damages. He recently added an exception to the non-economic med mal damages cap called a “catastrophic loss provision.” In cases of “instances of a spinal cord injury resulting in paraplegia, hemiplegia, or quadriplegia, amputation, substantial burns and the death of a parent leaving minor children” the damages cap would be raised to $1.25 million.

As expected, there are several groups unhappy with this new proposal. Both AARP and Tennessee Citizen Action, a consumer advocacy group, do not like the proposed limits.

We here at MyMedicalMalpracticeInsurance.com do not like to see Tennessee physicians paying more than necessary or appropriate for med mal cases, should they be involved in one. And, just as you work hard at your practice taking care of your patients, we work hard to keep your Tennessee liability insurance rates low. We believe that med mal caps in Tennessee would help contain Tennessee physician liability policy rates and discourage frivolous lawsuits. If you would like to see a history of Tennessee med mal rates for the past ten years across several specialties, we have them.

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APNewsBreak: Haslam offers exceptions to cap on lawsuit damages for catastrophic cases
LUCAS L. JOHNSON II Associated Press
First Posted: March 26, 2011 – 11:32 am
Last Updated: March 26, 2011 – 12:49 pm

NASHVILLE, Tenn. — Gov. Bill Haslam has offered a compromise on his proposal to limit lawsuit damages, drafting a change to the bill that would exempt catastrophic cases from the caps he wants to impose on most awards.

The Republican governor’s original bill, which is getting a warm reception in the GOP-controlled Legislation, would place a $750,000 cap on non-economic damages — such as pain and emotional suffering — and punitive damages would be limited to $500,000.

Find the Full Article Here

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