TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Saturday, April 26, 2008

Med Mal Reform in Tennessee

Both houses of the Tennessee General Assembly have passed a medical malpractice reform bill; it is now in the hands of Governor Phil Bredeson.  The Memphis Business Journal states:

The bill will require attorneys to file a certificate of good faith to reduce the number of medical malpractice claims that end in no payment to the plaintiff. The bill will require that medical providers are notified 60 days before a medical malpractice lawsuit is filed. The plaintiff's attorney would need to get certification from a qualified medical expert that there is good cause to pursue a claim against defendants. Also, attorneys who fail to comply with certification rules will be penalized. The bill does not provide for any limits on non-economic damages.


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The certificate of merit appears to be tort reform. It is an absolute shield for the plaintiff lawyer from any claim of an improper motive, or from any claim of an improper use of a civil procedure.

The sole true tort reform is to end the privity obstacle to a legal malpractice claim by the adverse third party. This is a neutral idea that allows the plaintiff to sue a defense lawyer for filing a frivolous or weak defense.

The filing of a weak claim is legal malpractice. The 80% of medmal cases that fail at every stage of the lawsuit is massive legal malpractice by the class of plaintiff lawyers against the class of doctors. Such tort reform ends the violation of the state constitutions mandating access to the court by all citizens of the state. The self-dealt immunities of the lawyer and of the judge violate these provisions, as well as the Procedural Due Process rights of the defendants in the US Constitution.

Posted by: Supremacy Claus | Apr 26, 2008 5:18:57 PM

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