All Tort Liability And Reform Legislation - Tennessee
HB4161
Latest Action: 02/07/2008 - Passed second consideration, caption bill, held on desk - pending amdt. Bill Text Companion Bill SB2996. Alcoholic Beverages - Extends coverage of the dram shop act where alcoholic beverages or beer were furnished to a person known to be under the age of 21 or to an obviously intoxicated person. - Amends TCA Title 57, Chapter 10. Fiscal Summary for HB4161 / *SB2996 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Bill Summary for HB4161 / *SB2996 Present law provides that no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless a jury of 12 persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person: [...] show full description Comment on Bill HB3918
Latest Action: 02/12/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB4112. Tort Liability and Reform - Limits tort liability of certain contractors for public transportation authorities. - Amends TCA Title 7, Chapter 56, Part 1 and Title 29, Chapter 20, Part 1. Fiscal Summary for *HB3918 / SB4112Other Fiscal Impact - Applying governmental tort liability limits to such entities may result in a decrease in state expenditures due to lower contract costs for the Authority. The amount of such decrease cannot be reasonably quantified due to the varied size of contracts, variables in potential tort claims and the projected cost of such contracts in the absence of this bill. Bill Summary for *HB3918 / SB4112 PRESENT LAW Under present law, for purposes of the immunity provided under the Governmental Tort Liability Act (GTLA), a person who is not an elected or appointed official or a member of [...] show full description Latest Action: 03/25/2008 - Assigned to Gen. Sub of Senate Jud. Comm. Bill Text Companion Bill HB3918. Tort Liability and Reform - Limits tort liability of certain contractors for public transportation authorities. - Amends TCA Title 7, Chapter 56, Part 1 and Title 29, Chapter 20, Part 1. Fiscal Summary for SB4112 / *HB3918Other Fiscal Impact - Applying governmental tort liability limits to such entities may result in a decrease in state expenditures due to lower contract costs for the Authority. The amount of such decrease cannot be reasonably quantified due to the varied size of contracts, variables in potential tort claims and the projected cost of such contracts in the absence of this bill. Bill Summary for SB4112 / *HB3918 PRESENT LAW Under present law, for purposes of the immunity provided under the Governmental Tort Liability Act (GTLA), a person who is not an elected or appointed official or a member of [...] show full description HB3761
Latest Action: 04/08/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB3908. Tort Liability and Reform - Specifies that a law enforcement officer's lawful pursuit of an actual or suspected violator of any law or ordinance when such violator flees from such pursuit is not a negligent act. - Amends TCA Section 55-8-108. Fiscal Summary for *HB3761 / SB3908State Expenditures - Net Impact - Not Significant Local Expenditures - Net Impact - Not Significant Bill Summary for *HB3761 / SB3908 Present law provides that the fact that law enforcement personnel pursue an actual or suspected violator of a law or ordinance who flees from pursuit does not render the law enforcement personnel, or the employers of such personnel, liable for injuries to a third party proximately caused by the fleeing party, unless the conduct of the law enforcement personnel was negligent and such negligence was a proximate [...] show full description SB3908
Latest Action: 01/31/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB3761. Tort Liability and Reform - Specifies that a law enforcement officer's lawful pursuit of an actual or suspected violator of any law or ordinance when such violator flees from such pursuit is not a negligent act. - Amends TCA Section 55-8-108. Fiscal Summary for SB3908 / *HB3761State Expenditures - Net Impact - Not Significant Local Expenditures - Net Impact - Not Significant Bill Summary for SB3908 / *HB3761 Present law provides that the fact that law enforcement personnel pursue an actual or suspected violator of a law or ordinance who flees from pursuit does not render the law enforcement personnel, or the employers of such personnel, liable for injuries to a third party proximately caused by the fleeing party, unless the conduct of the law enforcement personnel was negligent and such negligence was a proximate [...] show full description HB3696
Latest Action: 02/13/2008 - Action Deferred in Subcommittee Criminal Practice and Procedure of Judiciary to 2/13/2008 Bill Text Tort Liability and Reform - Sunsets the "Tennessee White Water Rafting Responsibility Act" July 1, 2008, instead of July 1, 2010. - Amends TCA Title 70, Chapter 7, Part 2; Chapter 85 of the Public Acts of 2007 and Chapter 169 of the Public Acts of 2005. Fiscal Summary for HB3696 / *SB2713MINIMAL HB3664
Latest Action: 02/05/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Tort Liability and Reform - Restores governmental immunity from liability for injuries caused by defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by a governmental entity. - Amends TCA Section 29-20-203. Fiscal Summary for HB3664 / *SB3513Decrease Local Expenditures - Exceeds $50,000 HB3625
Latest Action: 03/14/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB3050. Health Care - Extends present immunity for volunteer health care licensees to clinics that charge a nominal fee for dental services. - Amends TCA Title 63, Chapter 6, Part 7. Fiscal Summary for HB3625 / *SB3050Other Fiscal Impact - The Board of Dentistry will hold an additional meeting in FY09 at a total cost of $3,800 for travel reimbursements and per diem. These one-time expenditures can be funded from existing resources of the Board without the collection of additional revenue. Bill Summary for HB3625 / *SB3050 Present law provides immunity for licensed health care professionals who render voluntary, free health care services to any sponsoring organization or to any patient of any clinic that is organized in whole or in part for the delivery of health care services without charge. The volunteer licensee who is providing [...] show full description SB3568
Latest Action: 04/17/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Evidence - Increases from $4,000 to $5,000 amount of itemized medical bills that can be attached to a civil complaint as prima facie evidence that medical bills so paid or incurred were necessary and reasonable; increases total amount annually based on medical care component of the consumer price index beginning on January 1, 2009. - Amends TCA Section 24-5-113(a)(3). Fiscal Summary for SB3568 / *HB2721Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant HB3053
Latest Action: 01/29/2008 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB2929. Tort Liability and Reform - Replaces the term "medical malpractice" with "health care liability action" and revises provisions concerning damages, expert testimony, attorney fees, and other matters in such actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for HB3053 / *SB2929Increase State Expenditures - Not Significant Bill Summary for HB3053 / *SB2929 PRESENT LAW Present law specifies the type of damages that may be awarded to victims of medical malpractice and the limits on the amounts of such damages. Under present law, any damages awarded for medical malpractice may include actual economic losses suffered by the victim by reason of the personal injury such as the cost of reasonable and necessary medical care, rehabilitation services and custodial care, the loss of services, and [...] show full description SB3513
Latest Action: 03/20/2008 - Assigned to Gen. Sub of Senate Jud. Comm. Bill Text Tort Liability and Reform - Restores governmental immunity from liability for injuries caused by defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by a governmental entity. - Amends TCA Section 29-20-203. Fiscal Summary for *SB3513 / HB3664Decrease Local Expenditures - Exceeds $50,000 SB2996
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate S&L Govt. Comm. Bill Text Companion Bill HB4161. Alcoholic Beverages - Extends coverage of the dram shop act where alcoholic beverages or beer were furnished to a person known to be under the age of 21 or to an obviously intoxicated person. - Amends TCA Title 57, Chapter 10. Fiscal Summary for *SB2996 / HB4161 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Bill Summary for *SB2996 / HB4161 Present law provides that no judge or jury may pronounce a judgment awarding damages to or on behalf of any party who has suffered personal injury or death against any person who has sold any alcoholic beverage or beer, unless a jury of 12 persons has first ascertained beyond a reasonable doubt that the sale by such person of the alcoholic beverage or beer was the proximate cause of the personal injury or death sustained and that such person: [...] show full description SB3050
Latest Action: 04/09/2008 - Assigned to Gen. Sub of: SenateGW,H&House Resolution Comm. Bill Text Companion Bill HB3625. Health Care - Extends present immunity for volunteer health care licensees to clinics that charge a nominal fee for dental services. - Amends TCA Title 63, Chapter 6, Part 7. Fiscal Summary for *SB3050 / HB3625Other Fiscal Impact - The Board of Dentistry will hold an additional meeting in FY09 at a total cost of $3,800 for travel reimbursements and per diem. These one-time expenditures can be funded from existing resources of the Board without the collection of additional revenue. Bill Summary for *SB3050 / HB3625 Present law provides immunity for licensed health care professionals who render voluntary, free health care services to any sponsoring organization or to any patient of any clinic that is organized in whole or in part for the delivery of health care services without charge. The volunteer licensee who is providing [...] show full description SB3143
Latest Action: 06/06/2008 - Public Chapter 986 Bill Text Companion Bill HB2529. Safety - Provides that a motor vehicle operator who knowingly ignores a flood warning sign or barricade placed at a flooded road area commits reckless driving; provides governmental immunity for the governmental entity that posted the sign or barricade. - Amends TCA Title 29, Chapter 20; Title 55, Chapter 10 and Title 55, Chapter 8. Fiscal Summary for SB3143 / *HB2529 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Govt. Revenue - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for SB3143 / *HB2529 ON MARCH 31, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 2529, AS AMENDED. AMENDMENT #1 exempts emergency vehicles from this bill's provision that would classify ignoring a flood warning sign as reckless [...] show full description SB2929
Latest Action: 01/23/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB3053. Tort Liability and Reform - Replaces the term "medical malpractice" with "health care liability action" and revises provisions concerning damages, expert testimony, attorney fees, and other matters in such actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for *SB2929 / HB3053Increase State Expenditures - Not Significant Bill Summary for *SB2929 / HB3053 PRESENT LAW Present law specifies the type of damages that may be awarded to victims of medical malpractice and the limits on the amounts of such damages. Under present law, any damages awarded for medical malpractice may include actual economic losses suffered by the victim by reason of the personal injury such as the cost of reasonable and necessary medical care, rehabilitation services and custodial care, the loss of services, and [...] show full description SB3137
Latest Action: 06/06/2008 - Companion became Public Chapter 1009 Bill Text Companion Bill HB2650. Tort Liability and Reform - Enacts "The Tennessee Medical Malpractice Reporting Act." - Amends TCA Title 54, Chapter 1; Title 56 and Chapter 902 of the Public Acts of 2004. Fiscal Summary for SB3137 / *HB2650Increase State Expenditures - Not Significant Bill Summary for SB3137 / *HB2650 This bill makes various changes to the reporting requirements for medical and professional malpractice claims. Present law requires insurance companies that provide malpractice insurance to health care professionals or health care institutions, and health care professionals or institutions, who do not maintain malpractice insurance to report claims for professional or medical malpractice to the department of commerce and insurance. The information contained in the reports is used to compile aggregate data regarding medical and professional [...] show full description HB2721
Latest Action: 04/08/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Evidence - Increases from $4,000 to $5,000 amount of itemized medical bills that can be attached to a civil complaint as prima facie evidence that medical bills so paid or incurred were necessary and reasonable; increases total amount annually based on medical care component of the consumer price index beginning on January 1, 2009. - Amends TCA Section 24-5-113(a)(3). Fiscal Summary for *HB2721 / SB3568Decrease State Expenditures - Not Significant Decrease Local Expenditures - Not Significant HB2650
Latest Action: 06/06/2008 - Public Chapter 1009 Bill Text Companion Bill SB3137. Tort Liability and Reform - Enacts "The Tennessee Medical Malpractice Reporting Act." - Amends TCA Title 54, Chapter 1; Title 56 and Chapter 902 of the Public Acts of 2004. Fiscal Summary for *HB2650 / SB3137Increase State Expenditures - Not Significant Bill Summary for *HB2650 / SB3137 This bill makes various changes to the reporting requirements for medical and professional malpractice claims. Present law requires insurance companies that provide malpractice insurance to health care professionals or health care institutions, and health care professionals or institutions, who do not maintain malpractice insurance to report claims for professional or medical malpractice to the department of commerce and insurance. The information contained in the reports is used to compile aggregate data regarding medical and professional [...] show full description HB2661
Latest Action: 05/23/2008 - Companion became Public Chapter 921 Bill Text Companion Bill SB2636. Tort Liability and Reform - Limits a volunteer crisis response team member's liability for injuries or infliction of emotional distress caused by an act or omission during the course of a crisis response. - Amends TCA Title 29 and Title 63. Fiscal Summary for HB2661 / *SB2636MINIMAL Bill Summary for HB2661 / *SB2636 This bill grants immunity to a volunteer crisis response team member who participates in a crisis intervention or intervention training. Under this bill, the team member will not be liable for any injuries or infliction of emotional distress caused by an act or omission during the crisis response or training session as long as the intervention or training was conducted within generally accepted protocols of the registered team. This immunity would not apply if: (1) The team member acted with actual malice [...] show full description SB2713
Latest Action: 02/27/2008 - Assigned to Gen. Sub of Senate Jud. Comm. Bill Text Tort Liability and Reform - Sunsets the "Tennessee White Water Rafting Responsibility Act" July 1, 2008, instead of July 1, 2010. - Amends TCA Title 70, Chapter 7, Part 2; Chapter 85 of the Public Acts of 2007 and Chapter 169 of the Public Acts of 2005. Fiscal Summary for *SB2713 / HB3696MINIMAL SB2636
Latest Action: 05/23/2008 - Public Chapter 921 Bill Text Companion Bill HB2661. Tort Liability and Reform - Limits a volunteer crisis response team member's liability for injuries or infliction of emotional distress caused by an act or omission during the course of a crisis response. - Amends TCA Title 29 and Title 63. Fiscal Summary for *SB2636 / HB2661MINIMAL Bill Summary for *SB2636 / HB2661 This bill grants immunity to a volunteer crisis response team member who participates in a crisis intervention or intervention training. Under this bill, the team member will not be liable for any injuries or infliction of emotional distress caused by an act or omission during the crisis response or training session as long as the intervention or training was conducted within generally accepted protocols of the registered team. This immunity would not apply if: (1) The team member acted with actual malice [...] show full description Latest Action: 06/06/2008 - Companion became Public Chapter 986 Bill Text Companion Bill SB3143. Safety - Provides that a motor vehicle operator who knowingly ignores a flood warning sign or barricade placed at a flooded road area commits reckless driving; provides governmental immunity for the governmental entity that posted the sign or barricade. - Amends TCA Title 29, Chapter 20; Title 55, Chapter 10 and Title 55, Chapter 8. Fiscal Summary for *HB2529 / SB3143 Increase State Revenue - Not Significant Increase State Expenditures - Not Significant Increase Local Govt. Revenue - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *HB2529 / SB3143 ON MARCH 31, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 2529, AS AMENDED. AMENDMENT #1 exempts emergency vehicles from this bill's provision that would classify ignoring a flood warning sign as reckless [...] show full description SB2280
Latest Action: 05/01/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Companion Bill HB2207. Tort Liability and Reform - Limits tort liability of certain 501(c)(3) corporations to $25,000 if tort was committed in course of any activity carried on to accomplish the charitable purposes of such corporation. - Amends TCA Title 29 and Title 48. Fiscal Summary for SB2280 / *HB2207MINIMAL Bill Summary for SB2280 / *HB2207 Under this bill, it would not constitute a defense to any cause of action based on tort brought against a corporation or its employees that the corporation is, or at the time the cause of action arose was, a charity for purposes of the Internal Revenue Code; provided that if the tort was committed in the course of any activity carried on to accomplish the charitable purposes of such corporation, liability in any such cause of action would not exceed $25,000. This bill would be limited to eligible corporations [...] show full description HB1993
Latest Action: 05/23/2008 - Companion became Public Chapter 919 Bill Text Companion Bill SB2001. Tort Liability and Reform - Revises various provisions governing medical malpractice actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for HB1993 / *SB2001Other Fiscal Impact - If malpractice insurance premium rates are reduced, the TennCare program and the state health insurance plan could experience more moderate cost increases in the long term. Bill Summary for HB1993 / *SB2001 PRESENT LAW Present law specifies the type of damages that may be awarded to victims of medical malpractice and the limits on the amounts of such damages. Under present law, any damages awarded for medical malpractice may include actual economic losses suffered by the victim by reason of the personal injury such as the cost of reasonable and necessary medical care, rehabilitation services and custodial care, the [...] show full description Latest Action: 03/07/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB2144. Railroads - Enacts the "Tennessee Land Injury Liability Act." - Amends TCA Title 29, Chapter 34 and Title 65. Fiscal Summary for *HB2046 / SB2144 MINIMAL Bill Summary for *HB2046 / SB2144 This bill creates a procedure for occurrences where trains derail onto property that does not belong to the railroad. Immediately following any train derailment, or train cargo, onto any lands that do not belong to the railroad, this bill requires that the landowner have complete, continuous, and unimpeded access to the derailment site despite the derailment and any attendant hazards. This bill specifically authorizes any landowner who accesses a derailment site to photograph, video, or otherwise document or record the manner and extent of the train derailment, and the derailment of the train cargo, onto the landowner's land. [...] show full description SB2097
Latest Action: 02/22/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB1857. Tort Liability and Reform - Limits tort liability for certain activities involving llamas and animals in the llama family. - Amends TCA Title 44, Chapter 20, Part 1. Fiscal Summary for SB2097 / *HB1857Decrease State Expenditures - Not Significant Bill Summary for SB2097 / *HB1857 Present law limits the civil liability for persons involved in equine activities for injuries resulting from the inherent risk of the activity. This bill extends those provisions to persons involved in llama activities. Present law provides that an equine activity sponsor, an equine professional, or any other person, which includes a corporation or partnership, is not liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and that no participant or participant's representative may [...] show full description Latest Action: 03/13/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Companion Bill HB2046. Railroads - Enacts the "Tennessee Land Injury Liability Act." - Amends TCA Title 29, Chapter 34 and Title 65. Fiscal Summary for SB2144 / *HB2046 MINIMAL Bill Summary for SB2144 / *HB2046 This bill creates a procedure for occurrences where trains derail onto property that does not belong to the railroad. Immediately following any train derailment, or train cargo, onto any lands that do not belong to the railroad, this bill requires that the landowner have complete, continuous, and unimpeded access to the derailment site despite the derailment and any attendant hazards. This bill specifically authorizes any landowner who accesses a derailment site to photograph, video, or otherwise document or record the manner and extent of the train derailment, and the derailment of the train cargo, onto the landowner's land. [...] show full description HB1857
Latest Action: 04/17/2007 - Taken off notice for Calendar in Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB2097. Tort Liability and Reform - Limits tort liability for certain activities involving llamas and animals in the llama family. - Amends TCA Title 44, Chapter 20, Part 1. Fiscal Summary for *HB1857 / SB2097Decrease State Expenditures - Not Significant Bill Summary for *HB1857 / SB2097 Present law limits the civil liability for persons involved in equine activities for injuries resulting from the inherent risk of the activity. This bill extends those provisions to persons involved in llama activities. Present law provides that an equine activity sponsor, an equine professional, or any other person, which includes a corporation or partnership, is not liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and that no participant or participant's representative may [...] show full description HB1933
Latest Action: 03/07/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB0875. Tort Liability and Reform - Requires actions for personal injury or death involving negligent conduct in a nursing home to be brought as medical malpractice actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for HB1933 / *SB0875Increase State Expenditures - Not Significant Bill Summary for HB1933 / *SB0875 This bill provides that an action for damages for personal injury or death against a health care provider or nursing home must be brought as a medical malpractice action if the complaint alleges or involves negligent conduct that: (1) Occurred in a nursing home; and (2) Arises out of or bears a substantial relationship to the provision of health care by a licensed or certified health care professional. SB2001
Latest Action: 05/23/2008 - Public Chapter 919 Bill Text Companion Bill HB1993. Tort Liability and Reform - Revises various provisions governing medical malpractice actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for *SB2001 / HB1993Other Fiscal Impact - If malpractice insurance premium rates are reduced, the TennCare program and the state health insurance plan could experience more moderate cost increases in the long term. Bill Summary for *SB2001 / HB1993 PRESENT LAW Present law specifies the type of damages that may be awarded to victims of medical malpractice and the limits on the amounts of such damages. Under present law, any damages awarded for medical malpractice may include actual economic losses suffered by the victim by reason of the personal injury such as the cost of reasonable and necessary medical care, rehabilitation services and custodial care, the [...] show full description HB1591
Latest Action: 05/23/2008 - Companion became Public Chapter 918 Bill Text Companion Bill SB1183. Tort Liability and Reform - Extends immunity granted under the Governmental Tort Liability Act to persons or entities that contract with the regional transportation authority. - Amends TCA Section 29-20-107. Fiscal Summary for HB1591 / *SB1183 Other Fiscal Impact - Extending tort liability limits to such entities may result in a decrease in state expenditures due to lower contract costs for the Authority. The amount of such decrease is difficult to quantify due to the varied size of contracts, variable liability applicable to different projects and the projection of the cost of such contracts in the absence and in the presence of this bill. Bill Summary for HB1591 / *SB1183 This bill extends immunity under the Governmental Tort Liability Act to non-governmental independent contractors or other persons or entities that contract [...] show full description HB1306
Latest Action: 05/08/2007 - Failed In: Health & Human Resources Committee Bill Text Companion Bill SB1368. Medicine, Practice of - Requires board of medical examiners to formulate a list of common risks for five most frequent cosmetic surgery procedures in the state; list must be provided to patient before cosmetic surgery procedure is undertaken. - Amends TCA Title 63, Chapter 6, Part 2 and Title 63, Chapter 9. Fiscal Summary for HB1306 / *SB1368Increase State Expenditures - Not Significant Increase State Revenues - Not Significant Bill Summary for HB1306 / *SB1368 This bill prohibits physicians from performing elective cosmetic surgery upon any patient without the patient's informed consent. This bill requires the board of medical examiners to formulate a list of common risks of the five cosmetic procedures that are most frequently performed in Tennessee. Each physician must provide any patient with a copy [...] show full description HB1334
Latest Action: 05/09/2007 - Taken Off Notice For Calendar in: Judiciary Committee Bill Text Companion Bill SB1347. Tort Liability and Reform - Enacts the "Sorry Works! Pilot Program Act." - Amends TCA Title 29, Chapter 26. Fiscal Summary for HB1334 / *SB1347Increase State Expenditures - Not Significant Other Fiscal Impact - If malpractice premium rates are reduced, the TennCare program and the state health insurance plan could experience more moderate cost increases in the long term. If malpractice awards were decreased, some persons in need of medical care could become eligible for TennCare. Bill Summary for HB1334 / *SB1347 This bill creates a "Sorry Works!" pilot program, whereby participating facilities and physicians would promptly disclose and identify, acknowledge and apologize for mistakes in patient care and promptly offer fair settlements. The programs would be developed and implemented by a committee that includes [...] show full description HB1350
Latest Action: 02/26/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB1483. Tort Liability and Reform - Requires plaintiffs in medical malpractice action to file an authorization that permits defendant counsel to obtain health information pertinent to the claim from health care providers. - Amends TCA Title 29. Fiscal Summary for HB1350 / *SB1483State Expenditures - Net Impact - Not Significant Bill Summary for HB1350 / *SB1483 This bill requires plaintiffs in medical malpractice actions to file with the court, and serve on all defendants, an authorization form that allows the defendant to access the plaintiff's medical records. This bill requires that the authorization be compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Access to medical records would be restricted to information that is pertinent to the claims asserted by the plaintiff, including the metal [...] show full description HB1368
Latest Action: 02/26/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Tort Liability and Reform - Transfers punitive damages over $1,000,000 to board of claims for distribution to persons with similar claim as original plaintiff. - Amends TCA Title 20, Chapter 10, Part 1. Fiscal Summary for *HB1368Increase State Expenditures - Exceeds $100,000 Bill Summary for *HB1368 Under this bill, in all civil trials, where a judgment for compensatory and punitive damages has been entered, including settlements approved by the court, the trial judge would, upon the request of the defendant, order that punitive damages of more than $1 million be awarded to the board of claims for disposition to plaintiffs with the same or similar cause of action who were awarded compensatory but not punitive damages. No award of punitive damages would be made to the board until all appeals in the cause of action have been exhausted. Punitive damages awarded to the board would be earmarked and kept in a special [...] show full description SB1347
Latest Action: 05/16/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Companion Bill HB1334. Tort Liability and Reform - Enacts the "Sorry Works! Pilot Program Act." - Amends TCA Title 29, Chapter 26. Fiscal Summary for *SB1347 / HB1334Increase State Expenditures - Not Significant Other Fiscal Impact - If malpractice premium rates are reduced, the TennCare program and the state health insurance plan could experience more moderate cost increases in the long term. If malpractice awards were decreased, some persons in need of medical care could become eligible for TennCare. Bill Summary for *SB1347 / HB1334 This bill creates a "Sorry Works!" pilot program, whereby participating facilities and physicians would promptly disclose and identify, acknowledge and apologize for mistakes in patient care and promptly offer fair settlements. The programs would be developed and implemented by a committee that includes [...] show full description SB1483
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB1350. Tort Liability and Reform - Requires plaintiffs in medical malpractice action to file an authorization that permits defendant counsel to obtain health information pertinent to the claim from health care providers. - Amends TCA Title 29. Fiscal Summary for *SB1483 / HB1350State Expenditures - Net Impact - Not Significant Bill Summary for *SB1483 / HB1350 This bill requires plaintiffs in medical malpractice actions to file with the court, and serve on all defendants, an authorization form that allows the defendant to access the plaintiff's medical records. This bill requires that the authorization be compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Access to medical records would be restricted to information that is pertinent to the claims asserted by the plaintiff, including the metal [...] show full description HB0965
Latest Action: 02/21/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Companion Bill SB1229. Tort Liability and Reform - Requires plaintiff filing action for medical malpractice to file affidavit from expert and HIPAA-compliant medical authorization form with complaint; limits damages for loss of consortium to spouses. - Amends TCA Title 20, Chapter 5, Part 1; Title 25, Chapter 1, Part 1 and Title 29, Chapter 26, Part 1. Fiscal Summary for *HB0965 / SB1229State Expenditures - Net Impact - Not Significant Bill Summary for *HB0965 / SB1229 MEDICAL MALPRACTICE This bill requires the plaintiff in a medical malpractice case to file an affidavit of an expert witness that specifically sets forth one claimed negligent act or omission, the factual basis for the claim, and that the negligence more likely than not caused an injury that would not have otherwise occurred. This must be filed with the complaint or within [...] show full description SB1640
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Tort Liability and Reform - Removes current statutory cap restricting parental liability for torts committed by minors who reside with such parent. - Amends TCA Title 37, Chapter 10, Part 1. Fiscal Summary for SB1640 / *HB1130Increase State Expenditures - Not Significant Increase State Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Increase Local Govt. Revenues - Not Significant HB1130
Latest Action: 03/07/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill Text Tort Liability and Reform - Removes current statutory cap restricting parental liability for torts committed by minors who reside with such parent. - Amends TCA Title 37, Chapter 10, Part 1. Fiscal Summary for *HB1130 / SB1640Increase State Expenditures - Not Significant Increase State Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Increase Local Govt. Revenues - Not Significant SB1368
Latest Action: 04/11/2007 - Assigned to Gen. Sub of: SenateGW,H&House Resolution Comm. Bill Text Companion Bill HB1306. Medicine, Practice of - Requires board of medical examiners to formulate a list of common risks for five most frequent cosmetic surgery procedures in the state; list must be provided to patient before cosmetic surgery procedure is undertaken. - Amends TCA Title 63, Chapter 6, Part 2 and Title 63, Chapter 9. Fiscal Summary for *SB1368 / HB1306Increase State Expenditures - Not Significant Increase State Revenues - Not Significant Bill Summary for *SB1368 / HB1306 This bill prohibits physicians from performing elective cosmetic surgery upon any patient without the patient's informed consent. This bill requires the board of medical examiners to formulate a list of common risks of the five cosmetic procedures that are most frequently performed in Tennessee. Each physician must provide any patient with a copy [...] show full description HB1233
Latest Action: 03/13/2007 - Failed for Lack of Second in: Civil Practice and Procedure of JUD Bill Text Tort Liability and Reform - Clarifies that in any tort action defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages. - Amends TCA Title 29, Chapter 11. Fiscal Summary for HB1233 / *SB0704State Expenditures - Net Impact - Not Significant HB1234
Latest Action: 04/10/2007 - Failed In Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Tort Liability and Reform - Provides business owners are not liable for injuries to an invitee that were proximately caused by a criminal act committed by a third party. - Amends TCA Title 29, Chapter 34. Fiscal Summary for HB1234 / *SB0706MINIMAL SB1183
Latest Action: 05/23/2008 - Public Chapter 918 Bill Text Companion Bill HB1591. Tort Liability and Reform - Extends immunity granted under the Governmental Tort Liability Act to persons or entities that contract with the regional transportation authority. - Amends TCA Section 29-20-107. Fiscal Summary for *SB1183 / HB1591 Other Fiscal Impact - Extending tort liability limits to such entities may result in a decrease in state expenditures due to lower contract costs for the Authority. The amount of such decrease is difficult to quantify due to the varied size of contracts, variable liability applicable to different projects and the projection of the cost of such contracts in the absence and in the presence of this bill. Bill Summary for *SB1183 / HB1591 This bill extends immunity under the Governmental Tort Liability Act to non-governmental independent contractors or other persons or entities that contract [...] show full description SB1229
Latest Action: 03/13/2007 - Action Deferred in Senate Jud Comm. to 4/3/2007 Bill Text Companion Bill HB0965. Tort Liability and Reform - Requires plaintiff filing action for medical malpractice to file affidavit from expert and HIPAA-compliant medical authorization form with complaint; limits damages for loss of consortium to spouses. - Amends TCA Title 20, Chapter 5, Part 1; Title 25, Chapter 1, Part 1 and Title 29, Chapter 26, Part 1. Fiscal Summary for SB1229 / *HB0965State Expenditures - Net Impact - Not Significant Bill Summary for SB1229 / *HB0965 MEDICAL MALPRACTICE This bill requires the plaintiff in a medical malpractice case to file an affidavit of an expert witness that specifically sets forth one claimed negligent act or omission, the factual basis for the claim, and that the negligence more likely than not caused an injury that would not have otherwise occurred. This must be filed with the complaint or within [...] show full description HB0789
Latest Action: 03/08/2007 - Sponsor change. Bill Text Companion Bill SB0682. Civil Procedure - Requires trial judge to adjudge all costs in favor of the prevailing party in all civil cases. - Amends TCA Title 20. Fiscal Summary for HB0789 / *SB0682Increase State Expenditures - $266,000 Other Fiscal Impact - Increase Federal Expenditures - $511,500 Bill Summary for HB0789 / *SB0682 Present law authorizes judges to allocate court costs to either or both parties in a civil lawsuit. This bill requires the courts to assign all reasonable costs of litigation, including court costs, investigatory costs, and attorneys' fees to the losing party in a lawsuit. In an action for negligence, the plaintiff would be considered the prevailing party if the plaintiff's negligence is adjudged as less than the defendant's negligence. HB0758
Latest Action: 03/25/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0831. Tort Liability and Reform - Increases the maximum level of tort liability for entities of state and local government. - Amends TCA Title 29, Chapter 20. Fiscal Summary for *HB0758 / SB0831Increase Local Govt. Expenditures - Exceeds $5,000,000* Bill Summary for *HB0758 / SB0831 This bill increases the minimum limits for liability insurance coverage purchased by governmental entities pursuant to the Governmental Tort Liability Act to apply to actions arising on or after July 1, 2007, from $300,000 to $425,000 for bodily injury or death of any one person in any one accident, occurrence, or act; from $700,000 to $1 million for bodily injury or death of all persons in any one accident, occurrence, or act; and from $100,000 to $140,000 for injury or destruction of property of others in any one accident, occurrence, or act. SB0682
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB0789. Civil Procedure - Requires trial judge to adjudge all costs in favor of the prevailing party in all civil cases. - Amends TCA Title 20. Fiscal Summary for *SB0682 / HB0789Increase State Expenditures - $266,000 Other Fiscal Impact - Increase Federal Expenditures - $511,500 Bill Summary for *SB0682 / HB0789 Present law authorizes judges to allocate court costs to either or both parties in a civil lawsuit. This bill requires the courts to assign all reasonable costs of litigation, including court costs, investigatory costs, and attorneys' fees to the losing party in a lawsuit. In an action for negligence, the plaintiff would be considered the prevailing party if the plaintiff's negligence is adjudged as less than the defendant's negligence. SB0704
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Tort Liability and Reform - Clarifies that in any tort action defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages. - Amends TCA Title 29, Chapter 11. Fiscal Summary for *SB0704 / HB1233State Expenditures - Net Impact - Not Significant SB0706
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Tort Liability and Reform - Provides business owners are not liable for injuries to an invitee that were proximately caused by a criminal act committed by a third party. - Amends TCA Title 29, Chapter 34. Fiscal Summary for *SB0706 / HB1234MINIMAL SB0831
Latest Action: 02/12/2007 - Passed second consideration, Referred to Senate Jud Comm. Bill Text Companion Bill HB0758. Tort Liability and Reform - Increases the maximum level of tort liability for entities of state and local government. - Amends TCA Title 29, Chapter 20. Fiscal Summary for SB0831 / *HB0758Increase Local Govt. Expenditures - Exceeds $5,000,000* Bill Summary for SB0831 / *HB0758 This bill increases the minimum limits for liability insurance coverage purchased by governmental entities pursuant to the Governmental Tort Liability Act to apply to actions arising on or after July 1, 2007, from $300,000 to $425,000 for bodily injury or death of any one person in any one accident, occurrence, or act; from $700,000 to $1 million for bodily injury or death of all persons in any one accident, occurrence, or act; and from $100,000 to $140,000 for injury or destruction of property of others in any one accident, occurrence, or act. Latest Action: 05/01/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Companion Bill HB1933. Tort Liability and Reform - Requires actions for personal injury or death involving negligent conduct in a nursing home to be brought as medical malpractice actions. - Amends TCA Title 29, Chapter 26, Part 1. Fiscal Summary for *SB0875 / HB1933Increase State Expenditures - Not Significant Bill Summary for *SB0875 / HB1933 This bill provides that an action for damages for personal injury or death against a health care provider or nursing home must be brought as a medical malpractice action if the complaint alleges or involves negligent conduct that: (1) Occurred in a nursing home; and (2) Arises out of or bears a substantial relationship to the provision of health care by a licensed or certified health care professional. HB0630
Latest Action: 02/14/2007 - Withdrawn. Bill Text Tort Liability and Reform - Deems certain non-governmental contracting parties entering into a contract with the state or other governmental entity in certain circumstances to be the functional equivalent of the state or other governmental entity for purposes of limiting tort liability. - Amends TCA Section 29-20-107. Fiscal Summary for *HB0630Not Available Bill Summary for *HB0630 Generally a governmental entity is immune from any suit arising out of carrying out such entity's functions. This bill extends such tort immunity and all applicable exceptions and laws concerning the claims procedure and funding and insurance for such claims to certain non-governmental entities pursuant to a contract. This extension of immunity would apply to an entity that enters into a contract with the state to operate or maintain transportation [...] show full description HB0634
Latest Action: 03/01/2007 - Withdrawn. Bill Text Tort Liability and Reform - Requires plaintiffs in medical malpractice action to file an authorization that permits defendant counsel to health information pertinent to the claim from health care providers. - Amends TCA Title 29. Fiscal Summary for *HB0634Not Available Bill Summary for *HB0634 This bill requires plaintiffs in medical malpractice actions to file with the court, and serve on all defendants, an authorization form that allows the defendant to access the plaintiff's medical records. This bill requires that the authorization be compliant with the federal Health Insurance Portability and Accountability Act (HIPAA). Access to medical records would be restricted to information that is pertinent to the claims asserted by the plaintiff, including the metal impressions and opinions of the physician or healthcare provider.[...] show full description Latest Action: 02/13/2007 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Companion Bill SB0089. Tort Liability and Reform - Increases the minimum amount for bodily injury and death under the governmental tort liability act and adds an escalator clause for such amounts to be adjusted annually and posted by the comptroller of the treasury on the state's Web site. - Amends TCA Title 29, Chapter 20, Part 4. Fiscal Summary for HB0217 / *SB0089 Increase Local Govt. Expenditures - Exceeds $15,000,000* Bill Summary for HB0217 / *SB0089 Under the Governmental Tort Liability Act, a governmental entity's liability is limited to $250,000 for bodily injury or death of any one person in any one accident, occurrence, or act; $600,000 for bodily injury or death of all persons in any one accident, occurrence, or act; and $85,000 for injury or destruction of property of others in any one accident, occurrence, or act. These limitations [...] show full description SB0089
Latest Action: 02/07/2007 - Passed second consideration, Referred to Senate Jud. Comm. Bill Text Companion Bill HB0217. Tort Liability and Reform - Increases the minimum amount for bodily injury and death under the governmental tort liability act and adds an escalator clause for such amounts to be adjusted annually and posted by the comptroller of the treasury on the state's Web site. - Amends TCA Title 29, Chapter 20, Part 4. Fiscal Summary for *SB0089 / HB0217 Increase Local Govt. Expenditures - Exceeds $15,000,000* Bill Summary for *SB0089 / HB0217 Under the Governmental Tort Liability Act, a governmental entity's liability is limited to $250,000 for bodily injury or death of any one person in any one accident, occurrence, or act; $600,000 for bodily injury or death of all persons in any one accident, occurrence, or act; and $85,000 for injury or destruction of property of others in any one accident, occurrence, or act. These limitations [...] show full description HB0027
Latest Action: 04/24/2007 - Action Deferred in Subcommittee Civil Practice and Procedure of Judiciary to summer study Bill Text Tort Liability and Reform - Makes governmental entity liable for all medical, pharmacy, and physical rehabilitation costs rendered against such entity regardless of the amount of such costs. - Amends TCA Title 29, Chapter 20. Fiscal Summary for HB0027 / *SB0008Increase Local Govt. Expenditures - Exceeds $1,000,000* HB0018
Latest Action: 03/25/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill Text Tort Liability and Reform - Makes governmental entity liable for all medical costs rendered against such entity regardless of the amount of such costs. - Amends TCA Title 29, Chapter 20. Fiscal Summary for HB0018 / *SB0038Increase Local Govt. Expenditures - Exceeds $1,000,000* SB0038
Latest Action: 03/18/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Tort Liability and Reform - Makes governmental entity liable for all medical costs rendered against such entity regardless of the amount of such costs. - Amends TCA Title 29, Chapter 20. Fiscal Summary for *SB0038 / HB0018Increase Local Govt. Expenditures - Exceeds $1,000,000* SB0008
Latest Action: 05/09/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill Text Tort Liability and Reform - Makes governmental entity liable for all medical, pharmacy, and physical rehabilitation costs rendered against such entity regardless of the amount of such costs. - Amends TCA Title 29, Chapter 20. Fiscal Summary for *SB0008 / HB0027Increase Local Govt. Expenditures - Exceeds $1,000,000* |
 Bill Categories in Tennessee
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