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From Mark's Desk: Senator Norris Leads Tennessee Tort Reform Efforts The Tennessee General Assembly began hearings on tort reform in Nashville last month. A special, 18 member joint committee of the Senate and House will hold monthly hearings until the Legislature reconvenes in January. The committee reconvenes August 5 and 6. State Senator Mark Norris (R-Collierville) was the first state lawmaker to address the committee in July. Norris, a Shelby County attorney, is sponsoring five reform bills one of which is similar to that favored at the federal level by U.S. Senator Bill Frist. It would cap the amount which could be recovered for non-economic damages and limit attorneys’ fees in certain medical malpractice cases. Norris emphasized that he believes the committee’s emphasis should focus on patients’ rights to affordable health care as well as the right to recover for injuries. “Ensuring access to affordable health care includes undertaking reasonable steps to make certain that the health care delivery system remains viable and strong in Tennessee,” said Norris. Norris said that Tennessee may be on the verge of a crisis according to the most recent reports of the Department of Health and Human Services. Insurance premiums for specialty physicians like OB and heart surgeons increased at alarming rates threatening practices in portions of the state for the first time last year. In April, the Administrative Office of the Courts also reported average jury verdicts increased by 46% in fiscal year 2002, and the average award was the highest since awards have been reported. Last month’s hearings in Nashville generated national interest and were reported in USA Today as Tennessee joined the ranks of southern states wrestling with the issue. Mississippi and Arkansas have recently adopted caps on medical malpractice damages making Tennessee more attractive to out of state lawyers looking for easier jurisdictions to make malpractice claims. “We believe that patients’ access to affordable healthcare is in jeopardy, and we believe that the trend is toward crisis. We want to “head it off at the pass” before there is a crisis. We are determined to eliminate the hidden tax imposed upon all Tennesseans by diminished access to healthcare and the increasing costs of health insurance, medical treatment, and the judicial process itself. Everything we can do to be proactive in protecting our citizens in this arena is the least we can do to keep Tennessee from becoming the next ground zero,” said Norris. |
