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June 07, 2007

Tennessee Med Mal limits bill stalled

With Tennessee's legislative session ending soon, a bill to overhaul the state's medical malpractice laws appears dead. The bill would need only House approval to become law next year. Trial lawyers have opposed efforts to make medical malpractice laws more favorable to doctors, saying that the threat of lawsuits helps protect patients from medical mistakes. Both sides have a financial interest in the issue. Malpractice lawsuits cost doctors money and can mean fees for attorneys. The groups have battled for years in the legislature and so far the doctors' efforts have failed. However, this year the parties involved held a series of meetings to seek a compromise. The doctors dropped their demand for a $250,000 cap on medical malpractice jury awards. They accepted a compromise bill with several new provisions, including a requirement that attorneys filing malpractice lawsuits sign a certificate of good faith that they had consulted with a medical expert who confirmed the patient had a valid case. The state Senate passed the compromise bill on a 30-0 vote in April, but its prospects have been unstable since early May, when House lawmakers rejected a controversial amendment that trial lawyers wanted. It would have made it easier for medical experts from outside the area to testify in Tennessee cases.

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