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Committee advances bill raising non-economic damages cap to $1 million in certain maternal-negligence cases
Summary
House Bill 2585, as amended, would raise the cap on non-economic damages to $1 million for obstetric or maternal negligence cases resulting in death or permanent injury to a pregnant or postpartum woman; committee adopted an amendment preserving subsection H of Tenn. Code §29-39-102 and moved the measure to calendar rules on a unanimous voice/roll-call vote.
The House Judiciary Committee approved House Bill 2585 as amended and moved the measure to calendar rules after adopting House Amendment 17667. The bill would increase the cap on non-economic damages to $1 million in health-care liability cases involving obstetric or maternal negligence that results in death or permanent injury to a pregnant or postpartum woman.
Committee members withdrew a previously adopted amendment (House Amendment 17557) and then adopted Amendment 17667, described by the sponsor as identical to the prior amendment with a change that preserves subsection H of Tenn. Code §29-39-102. The sponsor summarized subsection H as preserving exceptions to the damages cap where the harm was intentional; where records were intentionally destroyed; where the negligent act was the product of intoxication; or where the conduct amounted to a felony. The sponsor emphasized the third exception (intoxication) was significant to this legislation.
"This bill ... increases the cap to $1 million in health care liability cases involving obstetric or maternal negligence," the sponsor said during explanation to the committee.
After no further questions, the committee voted to send HB 2585 as amended to calendar rules. The clerk reported a roll-call of 20 yeas, zero nays and zero present not voting.
