Overbey’s bill limiting frivolous medical malpractice lawsuits advances in House

By Joel Davis
of The Daily Times Staff

Legislation, sponsored by state Rep. Doug Overbey, R-Maryville, that seeks to limit frivolous medical malpractice lawsuits passed the House Thursday almost unanimously after stalling in last year’s session.

The House added one amendment to Senate Bill 2001 and passed it by a vote of 93-1. Last year the legislation passed the Senate but hit roadblocks in the House and was deferred until this year. The bill will now return to the Senate to be considered.
“There was a lot of hard work put into this, and I believe we have come up with a compromise that accomplishes what we set out to do, and something that both plaintiffs and defendants agree is a concern,” Overbey said.

According to a press release from Overbey, the Department of Commerce and Insurance Annual Reports on Medical Malpractice have shown that more than 80 percent of medical malpractice claims end up in no payment ever being made to the plaintiff. Overbey said a significant portion are filed without the appropriate investigation and supporting documentation.

“This legislation is a huge step forward in dealing with nonmeritorious litigation,” Overbey said.

The legislation sets up a process requiring pre-filing notification to each medical provider who may be named in a medical malpractice action at least 60 days prior to filing a complaint. It also establishes that all parties are entitled to the plaintiff’s medical records within 30 days of a request for the records.

The bill also requires that within 90 days after a complaint is filed the plaintiff’s attorneys must attest that they have consulted with a medical expert who is competent to testify in a Tennessee court and has reviewed the medical records or any other pertinent information. Further, the expert must declare there is a good-faith basis to maintain the malpractice action. Likewise, a defendant is responsible for following a similar procedure when alleging that a nonparty is responsible.

“I’m pleased with the result — this will go a long way in reforming the process,” Overbey said.

A bipartisan effort fell apart in the House over an amendment that would have changed the rules for which medical experts can testify in malpractice trials. That measure was not included in the legislation that passed Thursday.

The Associated Press contributed to this report.