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...
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