Recent Tennessee News
May 2024 Newsletter
Kentucky acts to stop abuse of medical liability system A bill signed into law in Kentucky aims to get ahead of aggressive abuses of the medical liability system, sidestepping issues experienced in other states that threaten access to care. The bill, HB 159,...
Kentucky First State to Decriminalize Medical Errors
Legacy of RaDonda Vaught case still looms over nursing profession Kentucky has become the first state to decriminalize medical errors -- a move many medical associations support. HB 159 was signed by Kentucky's Democratic Gov. Andy Beshear on March 26 after passing...
Tennessee nurse convicted in lethal drug error sentenced to three years probation
SOURCE: NPR RaDonda Vaught, a former Tennessee nurse convicted of two felonies for a fatal drug error, whose trial became a rallying cry for nurses fearful of the criminalization of medical mistakes, will not be required to spend any time in prison. Davidson...
Current Medical Liability Laws
| Damage Caps | $750,000 cap for noneconomic damages for all injuries and occurrences in an action, including health care liability actions. The limit on noneconomic damages applies regardless of if the action is based on a single act or omission or on a series of acts or omissions. The cap shall include actions by the plaintiff as well as derivative (%), in which case recovery for any damages barred claims by a spouse or child of the claimant, including loss of consortium. |
| Joint Liability Reform | Only in the following actions: (1) in a civil conspiracy when two or more at fault defendants act in concert; and in a product’s claim against a manufacturer on a theory of strict liability or breach of warranty. |
| Collateral Source Reform | In all health care liability actions, the common law collateral source rule is abrogated as specified in this section. In a health care liability action, damages awarded may include past and future actual economic losses suffered by the claimant. (A) Past actual economic losses are limited to: (1) The amounts that have been paid or will be paid by the assets of the claimant or on the claimant’s behalf; and (B) The amounts the claimant’s providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to: (1) An agreement with an insurance company or third-party payor; (2) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or (3) Any charity, discount program, write-off, gift, or other reason by the provider. |
| Attorney Fees Limited | Yes. Attorney compensation shall be awarded by the court; but may not exceed 33 1/3% of total damages. |
| Periodic Payments Permitted | No |