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Tenn. bill seeks certification to reduce med-mal claims

Tennessee lawmakers are working on a compromise medical malpractice reform bill that wouldn’t set a cap on damages but would create a way to penalize lawyers who bring frivolous lawsuits.

The compromise being hammered out by House Judiciary Chairman Rob Briley, D-Nashville, and Senate Majority Leader Mark Norris, R-Collierville, may be a way to end the stalemate that has been in effect.

“I did not believe caps would pass the House, and when we looked at the practical reality that issue was taken off the table,” Briley said.

“I’m not ruling out caps, but we’re not there yet,” said Norris. “And our choice is to draw a line in the sand on something that’s not going to happen this year, or advance the ball toward the goal of meaningful reform.”

Briley said lawyers suing doctors in medical malpractice cases would have to certify that experts agree with the legitimacy of their claims. They would be subject to penalties if they were later found to have filed frivolous lawsuits without legitimate vetting.

Attorneys found in violation could be forced to pay the court costs for defense lawyers and could be hit with other penalties. They could also have their names reported to the Board of Professional Responsibility, Briley said.

“In those states where they’ve simply said that you need to have a doctor’s affidavit before the case can be filed, they have not seen a significant reduction in the number of cases filed,” Briley said.

“These little cottage industries jump up, where physicians (for a fee) will sign anything you put in front of them and will never be heard from again,” he said.

Under the Tennessee proposal, lawyers would be responsible for explaining to a judge the reasons their cases might not have panned out how they had planned.