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Advocacy in Action

SB 2001 is Amended and Headed to the Full Senate

Medical Liability Reform (MLR) bill sponsors, Sen. Mark Norris (R-Collierville) and Rep. Doug Overbey (R - Maryville) drafted new amendatory language for the MLR bill this week. The amendment (which is available on the Tennessee General Assembly Web site) addressed two issues: notification and a certificate of good faith signed by the attorneys. Sen. Norris believes this language is the best and only option for the MLR Coalition if we are to make any progress toward our goal of Comprehensive Medical Liability Reform. However, a road block is still in the way. Rep. Rob Briley (D - Nashville) rejected the language and had said on Tuesday the issue is dead in the House. Why? Because the Norris amendment did not include a change in the Tennessee statute dealing with the locality rule. It is not our goal to make it easier for the trial lawyers when the problem is the number of frivolous lawsuits that the trial lawyers are filing. Even they have publicly agreed that there is a problem. The real question is, "Do they really want to try to address the issue with remedies that might actually reduce the number of meritless lawsuits that are filed?" Rep. Briley's reaction to the amendment answers that question. On Friday, he was quoted in a Knoxville article as saying he wanted to add a change to the locality rule to the bill on the House side, an addition that TMA adamantly opposes.

The Senate Judiciary Committee voted 9-0 to pass the amended version of the bill although Sen. Jim Kyle stated that he may try and add an amendment (dealing with locality) on the floor when the bill is taken up by the full Senate on Monday night.

As we mentioned last week, Rep. Briley took it upon himself to place the MLR bill on notice in the House Civil Practice Subcommittee. It still is our belief that he has done this for one of two reasons: either to try to bully TMA and the MLR Coalition into accepting an amendment that is completely unacceptable or to kill the legislation altogether. The bill however was not heard this week in Committee. We shall see what action Rep. Briley will take next week when the bill comes up on the committee calendar.