Tort Reform Bill Passes TN Legislature; Headed to Gov. Haslam for Signature
The Tennessee Medical Association has accomplished one of its biggest goals in a decade, with the
passage of the Tennessee Civil Justice Act of 2011 (SB 1522/HB 2008). The bill, brought by Gov. Bill
Haslam, won final approval in the State House of Representatives on May 20 and is now headed to the
Governor for his signature.
The comprehensive legislation makes a number of changes in the state’s tort laws that include setting
limits on non‐economic damages in civil lawsuits, including medical liability cases. For the first time ever,
awards for non‐economic damages, such as “pain and suffering,” in Tennessee tort cases will be limited
to $750,000. In certain catastrophic cases, non‐economic damages will be limited to $1 million, including
spinal cord injuries leading to paraplegic/quadriplegic; significant burns; loss of limbs; and death of a
parent of a minor.
“This is a monumental task for any governor to take on during his first year in office; we congratulate
Gov. Haslam and his team for doing what’s right to help our economy and, thereby, all Tennesseans,”
said TMA President Dr. Michael Minch of Nashville.
“This legislation is another win for patients and physicians,” said Dr. Minch. “The TMA strongly believes
this additional tort reform will do even more to improve healthcare access, attract more physicians to
Tennessee, and help reduce the cost of practicing medicine.”
“The bills we promoted and passed in 2008 went a long way toward helping reduce the number of
lawsuits in medical cases. We believe this new law will help businesses and the economy in Tennessee in
the same way it has helped improve our medical environment throughout the state,” he added.
The TMA won some hard‐fought medical liability reforms in 2008 with the passage of a notification and
certification process to eliminate meritless lawsuits; the establishment of limits on non‐economic
damages was the next major goal the TMA wanted to accomplish on behalf of its physician members.
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