Med-malpractice tort reform on life support

Issue still alive, but hope of survival becoming weaker by the day

Email | Print By Ken Whitehouse

Medical malpractice tort reform in Tennessee is in danger of being euthanized.

Yesterday, a late afternoon meeting of the Senate Judiciary Committee stretched into the evening with time eventually running out, thus delaying an expected showdown on the med-mal bill.

It was probably a good thing, because in the hallways of the state capitol, doctors and lawyers were sizing each other up like it was an amateur production of "West Side Story." At times, it wasn't clear who were the Sharks.

Two weeks ago, NashvillePost.com reported that an historic compromise was in the works that could have national implications in the medical malpractice tort reform debate should it pass. Healthcare providers and trial lawyers, two sides that have been at loggerheads since the death of Hippocrates, appeared on the verge of agreeing to significant changes to Tennessee law that both sides hoped would lower the number of malpractice claims in Tennessee.

Last week, the med-mal bill was rolled at the request of legislative sponsors hoping to give doctors more time to iron out their concerns that were seperate from those of hospitals, lawyers, and healthcare providers.

Last night, rumors in the halls of the legislature were that all agreements had been scrapped and what was called a "modified Mississippi plan" was going to be put forward.

Before the bill or any new plan could be heard, the committee adjourned for the evening, much to the relief of both sides of the contentious issue.

In 2004, the state of Mississippi enacted a tort reform law that included reforms relating to: product liability; joint and several liability; jury service; medical liability; and noneconomic damages.

The "modified Mississippi" that was being discussed here likely would have addressed only the certification of lawsuits to make sure that they weren't frivilous and the investigative abilities of both plaintiffs and defendants in researching claims.

Representatives of healthcare providers, doctors, and lawyers were highly upset at this prospect. It was apparent that had it been introduced it would have been killed in the State House and possibly by the Senate as well.

An important note is that while the Mississippi plan caps monetary damages, it would not appear to be on the table in Tennessee at this time. All parties involved in the ongoing med-mal discussions agree that any move to implement caps in Tennessee would die a quick death.

Today, discussions and maneuvering continue on the med-mal issue, though not at as fevered a pace as last night.

Time is running out on the discussions and there may be no more life lines. Back and forth proposals continue, but the med-mal bill is scheduled to be heard in the House Judiciary Committe next week. That venue could be the scene of its advancement or demise, as both sides are becoming increasingly weary, and wary, of each other.