Thursday, November 26, 2015

Doctors want malpractice awards limited
Tennessee doctors are concerned that the courts may strike down a 2011 law that caps jury awards in medical malpractice lawsuits, and so some want to change the state's constitution to protect them. The Tennessee Medical Association wants voters to approve new language in the constitution clarifying that the General Assembly has authority to set caps on non-economic damages such as pain and suffering in cases involving medical malpractice. The group’s would require persuading lawmakers to approve the proposed amendment next year and then getting their successors to pass it by a two-thirds majority. It would go before voters on the 2018 ballot. Patients for Fair Compensation, a non-profit group is proposing an alternative; removing such lawsuits and sending the malpractice issue to a Patients’ Compensation System. The proposal is similar to the workers’ compensation system for helping injured workers. It would create an independent panel,with physicians appointed by the governor and legislature. They would set specific awards on physician errors. Proponents say the result would slash billions of dollars now spent on lawsuits. The proposal is opposed by the Tennessee Medical Association as well as the State Volunteer Mutual Insurance Company, which provides medical malpractice insurance for some 70 percent of the thousands of doctors practicing in Tennessee.


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