week in review - april 21through april 24 2008

by senator raymond finney

Medical malpractice reform: The State Senate has approved and sent to the governor major tort reform legislation aimed at weeding out meritless medical malpractice lawsuits. Medical malpractice costs have been a factor in pushing up the cost of health care nationwide. The Department of Commerce and Insurance Annual Reports on Medical Malpractice have shown that more than 80% of the lawsuits filed in Tennessee lack sufficient merit to proceed. The bill represents the most significant reform to the Tennessee Medical Malpractice Act in more than a generation. Last year the legislation passed the Senate but hit roadblocks in the House of Representatives regarding which medical experts can testify in malpractice trials, called the "locality rule." The bill, SB2001 , was deferred until this year after an agreement could not be reached before the close of the 2007 legislative session. That provision has now been removed from the bill.
Key provisions in the bill include: