Sen. Paul Stanley (R-Memphis) has introduced "tort reform" bill SB2929 [1], which limits medical malpractice awards to $250,000 for "noneconomic" damages, and reduces economic damages related to lost income by the amount of any unemployment, social security, or other benefits the victim might receive.

Victims would also have to specify the amount of damages they are seeking to recover. The amount is not disclosed to the jury, and if I read it correctly, the victim may not collect more than that amount even if the jury awards higher damages. It also allows payment of damages in installments.

The bill also limits the victim's contingent attorney fees, and allows a judge to set the fees. It places restrictions on expert testimony. It requires the victim to file an expert affidavit and medical records setting out the specifics of the claim. If the claim is dismissed because of a faulty or "bad faith" affidavit, the defendant is entitled to damages. The bill also requires the victim to file a HIPPA release that allows the defendant to access any of the victim's medical records, including mental health and drug/alcohol abuse treatment records, whether or not they are related to the claim.

The bill also eliminates the term "malpractice" and replaces it with "health care liability action" throughout Tennessee law.

The intent of this legislation is to make it harder to file a claim, harder to prove a claim, and harder to collect damages if they are awarded. It also increases the victim's financial risk in filing a claim, makes it harder for a victim of lesser means to get an attorney to represent them, and reduces a jury's power to award appropriate damages.

In short, it's a bad bill. It was a bad bill when it was introduced in the last session, and here's why [2].

Where's the bill to protect patients from incompetent doctors and negligent hospitals? Where are the bills to improve patient safety and outcomes? Where's the bill to make all malpractice and regulatory actions public and easily accessible so consumers can make informed choices about their health care and providers?

These steps would do more to reduce medical malpractice and the associated costs than trying to pretend it doesn't happen and make it disappear through hocus pocus "tort reform" legislation.

You should contact your state senator [3] and representative [4] and let them know this is a bad bill for health care consumers and ask what they are doing to promote patient safety.