Subject Matter: Medical Malpractice
Good day to you and I hope it’s been a very nice week. On the legislative front in Tennessee, last week the Senate and House Judiciary committees passed the bill we reported about (see HBHA2979 attached) that allows a defense attorney in a medical malpractice lawsuit to have informal discussions with a plaintiffâ€™s treating physician by creating a new health care information and interview procedure that allows defense counsel access to a plaintiffâ€™s medical provider but still ensures patient privacy.
The THCA reports that the Senate Judiciary Committee last week approved a bill that adds another exception to the damage caps included in last yearâ€™s tort reform legislation. The legislation adds that if a defendant is convicted of a felony the non-economic and punitive damage caps do not apply. This provision was in the House version of the 2011 Civil Justice Act, but the final bill that passed was the Senate version that did not contain the felony language. The House has already passed the bill.
The Senate judiciary committee rejected the bill we reported about regarding the awarding of punitive damages to allow such an award based on vicarious liability, in certain circumstances. (HB 3125).
These are the highlights. Enjoy the day and we look forward to hearing from you with an questions, commentary and insights.
Adelman Law Firm, PLLC
545 South Main Street Suite 111
Memphis, Tennessee 38103
of counsel to
Quintairos, Prieto, Wood & Boyer, PA
Firm/Company: Adelman Law Firm PLLC
Document Date: January 1, 1970
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