TORT REFORM IN TENNESSEE


The American Medical Association recently declared Tennessee a medical liability “crisis state.” Due to the high cost of malpractice insurance premiums and jury awards, many doctors have retired, restricted their services, or moved to other states where they can afford to practice.

What does this mean for Tennesseans? Here are some interesting facts according to the Tennessee Medical Association and Medical Liability; Reform Now or Pay Later out of 95 counties in Tennessee: 

  • 42 counties have no residing obstetrician-gynecologist in patient care,

  • 47 counties have no residing emergency physicians in patient care,

  • 49 counties have no residing orthopedic surgeon in patient care, and

  • 81 counties have no residing neurosurgeon in patient care.

Fifty percent of the difference in cost of medication between the United States and Canada is due to liability.   In 2004, 88% of closed medical liability claims in Tennessee resulted in no payment to the plaintiff. 

Of the 7% of suits that came to trial, eighty percent (80%) were won by the defendant (i.e. medical provider).   Defending against these lawsuits cost Tennesseans more than $16 million a year. One-third of the doctors polled stated that without tort reform, they were somewhat likely or most likely to either retire or quit.

People sometimes are jealous of doctors due to their high rate of pay. Most people mistakenly believe that doctors can afford to pay these extra premiums. The truth is most doctors cannot. Due to their length of time in school and interning, some doctors have large personal debt (i.e. student loans, etc.). Also, the cost of maintaining an office including paying staff and purchasing medical equipment is high. If these doctors cannot afford to pay all their bills by working in Tennessee, they will simply move to states where their insurance premiums are lower.

Doctors also practice “defensive medicine.” This occurs when extra or unnecessary tests are given to a patient. The sole reason for these tests is that they will help in their defense in the event of a lawsuit. It is estimated that twenty percent (20%) of all procedures and tests are defensive in nature. Nationally, this amounts to ten billion dollars per year.

What are some of the statistics with regards to lawsuits against doctors in Tennessee? Of those doctors practicing for ten years or more:

  • 70 % of all general practitioners have been sued as well as

  • 92 % of obstetricians/gynecologists (one in two have been involved in a claim in the last four years)

  • 92 % of orthopedists

  • 100 % of cardiac surgeons

Some of the features of tort reform are limiting non-economic damages (pain and suffering) to 250,000 dollars. There are no limits on economic damages such as how much money the person is actually out or lost future wages. Attorney’s fees are also adjusted so that more money goes to the victim. Frivolous lawsuit expenses will be paid by the people who brought them. Another provision is that, in order to testify, a person has to be certified an expert in that field. Tennessee House Bill No. 2122 and Senate Bill No. 2178 provided these provisions but recently were defeated.

Texas recently passed similar tort reform and had the following results. According to Governor Rich Perry Texas had:

  • A 70 % decline in lawsuits against hospitals in the first 10 months after the bill had been passed

  • More doctors coming into the state or expanding their services,

  • Malpractice premiums reduced by twenty percent from one carrier alone.

Further estimates by Texas Alliance for Patient Access shows a:

  • $48.6 million premium reduction in the first year

  • 50 % reduction overall in lawsuits, and

  • 3000 more doctors moving into the state.

Other states have also seen similar results.

I believe in a person’s right to sue a doctor for malpractice. There are some incompetent doctors out there, but there are systems in place for weeding them out. It would be safe to assume that not every single cardiac surgeon is incompetent, yet all have been sued. We must stop the practice of everyone suing their doctor if they are not satisfied with the outcome of treatment. Some of the responsibility lies with the patient. Real cases need to be pursued in the Courts, not the frivolous case where the people are simply hoping they will be paid to just “go away.” If we do not have tort reform in Tennessee everyone will suffer due to reduced availability of doctors and higher medial cost.

REFERENCES:

1 Medical Liability, Reform Now or Pay Later, http://www.mlrnow.org

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