Medical malpractice lawyers in Tennessee will, as of October 1, 2008, need to get a medical expert to certify that the doctor committed medical malpractice to a reasonable degree of medical probability.
I cannot imagine why Tennessee medical malpractice lawyers would mind this new rule. Good malpractice lawyers get a doctor on board from the beginning, anyway. This rule does what it claims to do: eliminate – albeit a small number – of medical malpractice claims without merit.
Interestingly, Senate Republican Leader Mark Norris, who sponsored the legislation, claims that four out of five malpractice suits in Tennessee are frivolous. This claim is frivolous and defies any understanding of the economic realities facing medical malpractice lawyers in Tennessee or anywhere in the country and any meaningful study conducted on the subject.