Committee debates raising maternal-negligence damage cap; legal counsel warns language could remove existing exceptions

A Tennessee House committee debated House Bill 2585, which would raise the cap on non-economic damages in certain maternal-negligence healthcare liability cases, and paused action after legal counsel warned the bill's current prefatory language could unintentionally remove statutory exceptions.

Representative Chisholm, sponsor of HB2585, told the committee the bill would increase the cap on non-economic damages from $750,000 to $1,000,000 for healthcare liability claims involving maternal negligence that results in death or permanent injury to a pregnant or postpartum woman. "With that, I stand by for your consideration," Chisholm said when presenting the measure.

A committee member expressed support for raising the cap but raised a concern about how the bill begins. The member asked whether the bill's opening phrase "Notwithstanding this section to the contrary" would override subsection H of Tenn. Code Ann. §29-39-102, which currently excludes some categories of claims from a damages cap (for example, intentional conduct or cases where the defendant was intoxicated). That committee member asked whether it was the sponsor's intent to impose a cap in circumstances where Tennessee law currently provides no cap.

Michelle Fogerty of Legal Services responded that, as drafted, the bill's phrase would control over the other subsections and could eliminate the exceptions listed in subsection H for claims alleging intentional conduct or intoxication. Fogerty advised narrowing the "notwithstanding" language to refer specifically to the subsection the sponsor intends to alter (for example, "notwithstanding subsection B") so the existing exceptions remain in effect.

A committee member moved — with the sponsor's consent, if forthcoming — to change the introductory clause from "Notwithstanding this section to the contrary" to "Notwithstanding subsection B of this section to the contrary." Separately, committee leaders suggested moving the bill to the heel of the committee calendar to allow staff and members time to draft the written amendment needed to make that fix. The committee agreed to move HB2585 to the heel so it can be revised and reintroduced to the committee at a later meeting.

No final committee vote on the substantive cap change was recorded in the transcript; the committee paused formal action to allow for drafting a narrowly targeted clause that preserves statutory exceptions.