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Examining Tennessee's collateral source rule.

Judith Regan1, Edward Hadley, William M Regan

  • 1Vanderbilt University School of Medicine, USA.

Tennessee Medicine : Journal of the Tennessee Medical Association
|November 26, 2008
PubMed
Summary
This summary is machine-generated.

Tennessee

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Area of Science:

  • Law
  • Medical Malpractice
  • Torts

Background:

  • The collateral source rule traditionally prevents defendants from benefiting from plaintiffs' other compensation sources.
  • A national trend exists to limit the collateral source rule's impact.
  • Tennessee courts historically upheld the collateral source rule.

Purpose of the Study:

  • To examine the impact of Tennessee's Medical Malpractice Act on the collateral source rule.
  • To analyze how statutory changes and judicial interpretations affect malpractice verdicts.

Main Methods:

  • Review of Tennessee statutes, specifically the Medical Malpractice Act.
  • Analysis of relevant Tennessee court decisions, including Jordan v. Baptist Three Rivers Hospital.
  • Examination of trends in malpractice case verdicts before and after legislative changes.

Main Results:

  • Tennessee's Medical Malpractice Act statutorily prohibited the collateral source rule for malpractice cases.
  • Post-statute malpractice verdicts initially decreased.
  • The introduction of consortium damages in 1999 has led to significantly higher verdicts.
  • The Medical Malpractice Act has been upheld as constitutional and further clarified by recent rulings.

Conclusions:

  • Despite the Medical Malpractice Act's intent to reduce verdicts, consortium damages have counteracted this effect.
  • Tennessee law continues to evolve regarding the collateral source rule and medical malpractice litigation.
  • Recent judicial decisions clarify the application and constitutionality of the Medical Malpractice Act.