The Tennessean: Workers' Comp Changes Likely on Horizon

Tennessee companies could see a reduction in workers' compensation premiums later this year according to The Tennessean, depending on the outcome of complex negotiations over the rates doctors receive for treating workers' comp patients. Several business groups support the measure, saying that an overall rate reduction would help make Tennessee more competitive with neighboring states, but many in the health care community say cuts would hurt medical providers and even force some of them to stop treating patients. Gov. Bill Haslam chose not to tackle workers' compensation reform this year, but is exploring major changes. Many observers expect this will be a major issue for the legislature in 2013.

Read the full story at the Tennessean's website.

House GOP Pushing Med Mal as Budget Fix

Republican leaders in the U.S. House of Representatives have revived a medical malpractice bill that caps non-economic damages at $250,000 and limits contingency fees as a way to reduce the federal budget and avoid cuts in defense spending. The House passed the bill in March, even though President Barack Obama said he would veto it and House Democrats say it will be dead on arrival in the Senate. But the bill was revisited during budget discussions this week after the Congressional Budget Office estimated it would reduce federal healthcare costs.

Read the full story at The Blog of Legal Times

Bill to Limit Doctor Liability Criticized

A bill that would give hospitals and emergency room doctors an additional layer of protection from law suits is being criticized for setting such a high standard for negligent behavior that there would be no accountability or protection for patients. Tennessee Association for Justice President Keith Williams said that if the bill passes, “In effect, a doctor would have no responsibility for careless errors that could ultimately cost you your life.”

Read more at the Knoxnews’ Humphrey on the Hill blog.

Courts a threat to new med mal law, TMA leader says

A Tennessee Medical Association leader this week singled out the Tennessee judiciary as a threat to the state's new medical liability law. Appearing with U.S. Rep. Marsha Blackburn, R-Tenn., at a healthcare town hall meeting this week, Dr. Keith G. Anderson -- a cardiologist and vice chairman of the Tennessee Medical Association -- said he fears Tennessee's "very liberal" and "very claims-oriented" judiciary. He singled out Tennessee Supreme Court Chief Justice Cornelia Clark, who he said "is a claims malpractice attorney." Anderson went on to say that the medical association's concern is "that there will be a case that arises that goes before the Tennessee Supreme Court that may overturn the tort reforms based on their constitutionality methodology." Instead of risking that outcome, Anderson said that an amendment to the state's Constitution or a federal law that would trump state law is needed.

The Memphis Commercial Appeal reports on the event

Civil Justice Act effective today

The Tennessee Civil Justice Act of 2011 takes effect today. Legal actions for injuries, deaths and other losses that occur from today forward are subject to big changes in personal-injury and consumer-protection laws, including new caps on damage awards.

Read the full story at the Memphis Commercial Appeal.

'Due care' law went into effect July 1

A new state law that will levy penalties for failure to "exercise due care" while driving a motor vehicle went into effect July 1. According to the bill's sponsor, the law also makes it easier for those injured, or the survivors of those killed, to prevail in civil lawsuits by "making it clear that the law requires people in a car to exercise proper driving restraint around people on a bicycle and pedestrians."

The Murfreesboro Post has the full story, which you can read here: 'Sorry I Didn’t See You' is no longer a legal excuse

Supreme Court gives drug companies two thumbs up

Supreme Court Sides with Pharmaceutical Industry in Two Cases (L.A. Times)

The U.S. Supreme Court gave the pharmaceutical industry a pair of victories, shielding the makers of generic drugs from most lawsuits by injured patients and declaring that drug makers have a free-speech right to buy private prescription records to boost their sales pitches to doctors.

Read the full story at the Los Angeles Times' Website

Opinion: Bills to limit malpractice awards not needed

Former judge and current Memphis lawyer D'Army Bailey writes in an opinion piece today about pending legislation that would limit malpractice awards. The "proposals go well beyond severely limiting Tennessee residents' rights to fair and adequate compensation," he says. "They are designed to protect large corporations and negligent doctors who cause serious harm." Even Gov. Bill Haslam, who is pushing most of these legislative changes, acknowledges they are unnecessary, he continues.

Read his guest column in the Commercial Appeal: 
http://www.commercialappeal.com/news/2011/mar/04/guest-column-haslam-wants-to-curb-malpractice/

General Assembly News: TBA bill aimed at protecting clients, lawyers

Companies that advance money to plaintiffs involved in personal injury lawsuits are lobbying in legislatures across the country to ensure their industry is not subject to usury limits on interest rates or other state laws that protect borrowers.

In Tennessee, the effort to put some controls in place is being led by the Tennessee Bar Association. The TBA initiative, coming from the Tort and Insurance Practice Section, is focused not on the intra-industry fight, but on protecting clients, lawyers and the legal process from many of the excesses of an unregulated industry. The TBA bill (HB1084, SB0921) is sponsored by House Consumer Affairs Committee Chair Jimmy Eldridge (R-Jackson) and Sen. Mae Beavers (R-Lebanon), chair of the senate Judiciary Committee.

Memphis Daily News: Tenn. Doctors Continue Pursuit of Malpractice Caps

Tenn. doctors shift focus on malpractice caps (March 26, 2010)

Tennessee doctors pushed for Congress to cap malpractice awards in the new national health care law, but the final bill included no such limits. The Memphis Daily News reports they now are turning their attention to the next General Assembly. The incoming president of the Tennessee Medical Association says the group will poll state legislative candidates about their position on malpractice caps and post responses on its web site. While the association argues that Tennessee is losing talented doctors to states that have malpractice caps, a number of those states are dealing with court challenges to the laws, making the legal landscape uncertain for lawyers and physicians alike.

Knoxville News Sentinel: Physicians, lawyers watching for law to impact premiums

Medical malpractice law has mixed results (March 15, 2010)

Changes in Tennessee's medical malpractice laws has produced a dramatic drop in the number of lawsuits filed according to data released by the Tennessee Administrative Office of the Courts. Anecdotal reports by doctors, however, indicate little relief in malpractice insurance premiums. Under legislation passed in 2008, patients must give a 60-day notice before filing a malpractice lawsuit and get documentation that the claim has merit. Data shows a 59 percent drop in suits since the law went into effect. By contrast, physicians report they have not seen a dramatic decrease in insurance premiums; but have not had dramatic increases either.