No Malpractice Crisis in Tennessee
For the past few years, the insurance industry has claimed that there is a medical malpractice litigation crisis in Tennessee. However, after reviewing the statistics on medical malpractice lawsuits, it appears the “crisis” is a myth. According to a recent article in the Tennessean, most medical malpractice claims closed in Tennessee last year resulted in no payment of damages to patients and their families.
The answer most advocates advance to fix the alleged “crisis” is to put caps on medical awards. When you review the statistics, however, it appears that caps would do almost nothing to affect the total costs of the system. Of the 2,827 claims that closed in 2005, 461 of them were settled without jury verdicts. Slightly more than 83 percent of the closed claims resulted in no payout. Of the jury verdict awards closed in 2005, five resulted in jury verdicts for the plaintiffs, with the judgments totaling a little more than $6 million.
Perhaps the industry should look more at the insurance industry to determine why the premiums are so high. Is the system out of control or working just fine? I realize the justice system is far from perfect, but it seems to be working in Tennessee. Claims that have no merit are dismissed. Claims that have merit are presented to a jury for a determination on an appropriate outcome.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
