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Is tort reform in TN a solution without problem?


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NASHVILLE - Gov. Bill Haslam's tort reform bill heads to a Tennessee House subcommittee Wednesday.

Among other provisions, it aims to impose an arbitrary cap of $750,000 on damages a jury can award for pain, suffering, disability, disfigurement and loss of enjoyment of life.

Supporters of HB 1993 and its Senate companion, SB 2001, say the legislaton fixes a flaw in the Tennessee civil justice system that puts the state at a competitive disadvantage for attracting new businesses and jobs. But Phillip Miller, president of the Tennessee Association for Justice, says there is no problem with frivolous lawsuits or "runaway" jury verdicts. According to Miller, the system isn't broken - and doesn't need to be fixed.

"This bill is basically, from my perspective, just another bailout - for business, the insurance industry, health care industry - because their description of there being a need for tort reform in Tennessee is not borne out by any of the facts."

Miller calls it a constitutional issue. He says placing caps on noneconomic and punitive damages, while increasing insurance company profits, will have the effect of taking away Tennesseans' rights.

"What we have here is a bill that, in fact, tricks the system - to benefit special interests, big business, insurance companies and the rest - because the common man gets no benefit from this whatsoever."

Miller notes that annual medical malpractice lawsuit filings have decreased 44 percent since 2008, accounting for only three percent of all civil suits. Physicians insured by Tennessee's largest provider of medical malpractice insurance have seen their premiums drop an average of 23 percent, he adds.

 
 
 
Tagged under  Bill Haslam, Health Care, State, Tort Reform


Member Opinions:
By: publius on 3/25/11
tort reform really??? lets just limit what large corporations have to pay out for things that they do to hurt people. After all why should they have to pay for what they did.

By: Bluesman on 3/28/11
The Justice System is "Broken" period. Of course a President of a Justice Association would say it is not broke. This bill is just one small step. Too many people say, "well its just their insurance company that is paying millions." Give me a break, we all pay. Its all about keeping the system, where lawyers and law makers benefit.

By: Sprtman on 3/28/11
It needs to be a lot lower than $750,000.
All lawyers are ripoffs. Never met one with any good character.

By: publius on 3/28/11
Sprtmn It is not about Lawyers it is about people who are hurt by corporations. You believe the propaganda that is churned out by people that do not want to take responsibility for their actions. You talk about personal responsibility all of the time why the change?


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