The flip side is that, if the legislation were to pass and become law, a person who was irreparably harmed by a doctor's malpractice may not be able to get all the money they deserve. Someone could have a life-altering problem due the doctor's malpractice, but the damages they would receive wouldn't make up for the cost of what the injured person has to deal with for the rest of their life.
What has happened in Tennessee is that the two sides are trying to strike a deal using Senate Bill 1347 sponsored by Senator Joe Haynes of Goodlettsville. The bill has become known as the Sorry Works! Pilot Program. (http://www.legislature.state.tn.us/bills/currentga/BILL/SB1347.pdf)
The bill would allow some hospitals and nursing homes apologize for any mistakes made in the deliverance of care to a patient if they offer what is called a "fair settlement" to patients or their survivors. The hope is that it would lead to fewer medical malpractice lawsuits and smaller settlements or jury awards. (http://www.tennessean.com/apps/pbcs.dll/article?AID=2007704180403).
Another possible compromise would require three bills to pass the legislature and be signed by the Governor. (http://www.nashvillepost.com/news/2007/3/6/medical_malpractice_compromise_on_the_horizon).The agreed changes would require lawyers to get a "certificate of good faith" that would certify that the...
What the two sides are still haggling over, however, is whether or not there should be limits placed on the amount of damages a victim would be allowed to collect from the doctor's insurance company.
While neither side would get what they want should either deal be struck, both sides are coming to the table to address the needs each party has with the current system while protecting their interests - the doctors want fewer lawsuits, while the trial lawyers still want to be able to collect damages.
Bibliography
Senate Bill 1347 (TN). http://www.legislature.state.tn.us/bills/currentga/BILL/SB1347.pdf
Pack, Todd. "Business Column: Can apologies avert medical malpractice suits? State may find out. The Tennessean. April 18, 2007. http://www.tennessean.com/apps/pbcs.dll/article?AID=2007704180403
Whitehouse, Ken. Med-malpractice deal within reach on Capitol Hill. NashvillePost.com. March 6, 2007. (http://www.nashvillepost.com/news/2007/3/6/medical_malpractice_compromise_on_the_horizon).
