Tennessee is getting some medical malpractice reform. On the positive side, it seems overwhelmingly popular (passed in the House 93 to 1). On the other hand, I don’t see any mention of monetary caps in the story, so it will be interesting to compare what happens in medical malpractice in the state to what is happening in a state like Texas which has imposed caps on pain-and-suffering damages.
The Tennessee reforms include:
- 60 days notice to the potential defendants prior to the filing of a lawsuit This is aimed at getting rid of the burden on those who are named by mistake and have to sacrifice time and money to correct the situation.
- An independent medical expert must review and decide on the merits of a case before the attorney files a lawsuit.
From the story, the main motive for the reform seems to be to give doctors relief from having to spend money on defense attorneys more than a concern about the size of monetary awards. Since doctors have to pay defense costs even when they win, trying to find ways to keep unnecessary cases from going to trial can save everyone time and money.
