Sunday, November 22, 2009
The State of Tennessee has instituted several tort reforms in the area of medmal. The two big ones are that plaintiff attorneys must file a pre-suit notice and the have a certificate of good faith from a physician that attestst that there was a possible deviation of the standard of care (BS check!). Tennessee saw a huge rush of suits filed before the law went into effect. Since the law has been effect however, medmal suit filings have dropped 65%. John Day at Dayontorts (http://www.dayontorts.com/medical-negligence-new-medical-malpractice-case-filing-statistics.html) has a great piece on it. In my little group of docs, most of carry malpractice insurance because we want patients who are harmed because we screw up to be taken care of. What we dont want is to be dragged into court because we are seen as a cash cow for some plaintiff and their attorney who figure that all they have to do is be a big enough pain in the neck to get some money. I think it will be interesting to see what the effects are of these reforms. Will the number of judgements against physicians be the same? What will be the total defense costs? I hope that injured patients get what they deserve and frivoulous filing attorneys get what they deserve.