by: F. Michael Minch, M.D.

     Tennessee is in a real health care crisis. This is the basis of much debate at the State Capitol. The crisis is the adverse impact that the volume and severity of medical malpractice lawsuits have on the availability, safety, and cost of medical services in our state.  There is no simple solution. We are committed to improving patient safety and, where true harm has been done, we believe that patients need fair compensation for their economic damages. Those at fault must be held responsible.

     To protect access to care for all Tennesseans, lower medical costs, and allow doctors to practice medicine more efficiently without the constant threat of being sued, Tennessee needs comprehensive medical liability reform, just like 32 other states have done. The key provisions include a $250,000 limit on non-economic damages, a certification process to limit unnecessary suits, and sliding scale limitations for attorney fees. This proposal allows injured patients to receive full and total compensation for economic damages, such as all medical costs, lost wages and other expenses that can be objectively calculated.

     The public needs to understand that medical liability reform will improve patient safety and the legal system overall. With a reduced fear of being sued, professionals can share experiences to improve systems to better protect patients versus our present system that places blame and stymies open communication. By eliminating meritless lawsuits, patients with valid cases can receive compensation faster and, in more severe cases, patients will receive more of the award.

     Tennesseans are losing access to critical services such as obstetrical care in rural counties, because of our worsening legal climate. The fear of litigation and the associated costs are forcing physicians to quit practice, cut back on services or leave the state altogether. Recent reforms in Texas, Mississippi and West Virginia are helping to keep services and attract new physicians to those states.

     We all pay more because of medical lawsuits, too. Costs from extra tests and procedures performed simply to provide evidence in case of litigation add an estimated dime to every dollar of a patient’s bill. This ‘legal protection’ inflates health insurance premiums, deductibles, and co-pays. The average Tennessee household pays almost $1,000 more annually for health care because of ‘defensive medicine.’

      Eighty-seven percent of all claims in Tennessee result in no payout to plaintiffs, yet cost millions to defend. We all pay. At the end of 2005, more than 4,000 claims seeking more than $15 billion were pending against Tennessee doctors. Seventy percent of physicians will be sued if they stay in Tennessee and practice for ten years. Do we have that many bad doctors in Tennessee or do we have a problem with lawsuits?

     The public agrees that there are too many lawsuits and supports limits as called for in pending legislation, especially if their access to care is threatened.  The threat is real. It is time to cut the abuse of our legal system and create a safer, more efficient and less adversarial medical environment for patients and health care professionals.

Dr. Minch is Vice Chairman of the Tennessee Medical Association Board of Trustees and chairs its committee for medical liability reform.