Kaiser Daily Health Policy Report Examines Malpractice Developments In Louisiana, Tennessee

Main Category: Litigation / Medical Malpractice
Article Date: 05 May 2008 - 10:00 PST

email to a friend   printer friendly   view / write opinions   rate article

Summaries of news related to medical malpractice law in Tennessee and Louisiana appear below.

• Louisiana: The Louisiana House on Monday voted 45-44 to reject legislation that would have expanded coverage under the state's medical malpractice laws, the Baton Rouge Advocate reports. State Rep. Greg Cromer (R) wanted to add to the definition of malpractice, problems that occur when transporting or monitoring patients as well as failure to attend to patients' personal hygiene. State Rep. Walt Leger (D) said the legislation would allow nursing homes to use medical malpractice to handle "negligence situations and overburden the system" (Shuler, Baton Rouge Advocate, 4/29).
  
  
• Tennessee: The Tennessee state Senate last week approved legislation that aims to make it harder to file frivolous medical malpractice lawsuits, the Tennessean reports. The bill now moves to Gov. Phil Bredesen (D) to be signed into law. The legislation would require attorneys to have a qualified medical expert sign off on the merits of any malpractice case within 90 days of filing suit, with fines levied on those who do not comply. The measure also would require that physicians receive 60 days' notice before a lawsuit is filed (Brooks, Tennessean, 4/25). A version of the bill was first introduced seven years ago, but the version passed last week is a "heavily compromised, scaled-down version of the much broader restrictions" requested by physicians and health care providers (Locker, Memphis Commercial Appeal, 4/25). According to the Tennessean, physicians and malpractice attorneys both support the final version (Tennessean, 4/25).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

© 2008 Advisory Board Company and Kaiser Family Foundation. All rights reserved.