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Panel advances bill raising maternal malpractice cap to $1 million, preserves exceptions
Summary
The Judiciary committee adopted an amendment preserving subsection (h) of 29-39-102 and advanced House Bill 25-85, which raises the non‑economic damages cap to $1,000,000 in certain obstetric and maternal-negligence cases; the committee voted 20–0 to send the bill to calendar and rules.
The Judiciary committee voted to advance House Bill 25-85, as amended, after adopting an amendment that preserves subsection (h) of Tennessee Code 29-39-102 and its exceptions for certain non-economic damages.
The amendment was explained by Miss Sherman, who said the change "simply makes sure that, subsection h remains applicable to the legislation." The sponsor told the committee: "House bill 25 85 creates an adjustment by increasing the cap to $1,000,000 in health care liability cases involving, obstetric or maternal negligence that result in a death or permanent injury of a pregnant postpartum woman." The committee then voted; the clerk reported 20 ayes, 0 noes, and 0 present-not-voting.
Supporters said the amendment preserves existing exceptions where harm was intentional, where records were intentionally destroyed, where intoxication led to negligent acts, or where conduct amounted to a felony. The committee chair (transcript label 1) handled the procedural motions and called the votes that referred the bill to calendar and rules.
What happens next: HB25-85 will appear on the calendar and rules docket for further floor action. No fiscal or effective-date contingencies beyond those stated in the transcript were provided in committee testimony.
