AN ACT to amend Tennessee Code Annotated, Section 29-39-102, relative to civil damage awards.
Summary
HB2585 amends Tennessee’s civil damages statute to create a specific cap on noneconomic damages in certain health care liability cases. The bill applies only to actions arising from obstetric or maternity negligence that result in the death or permanent injury of a pregnant or postpartum woman, and it limits noneconomic damages in those cases to $1,000,000. Noneconomic damages generally include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and similar harms, rather than medical bills or other economic losses.
The bill would add a new exception to Tennessee Code Annotated Section 29-39-102, which already governs damage awards, by carving out a special rule for these maternal health cases. It would affect plaintiffs bringing medical malpractice or health care liability claims under Title 29, Chapter 26, and would limit the exposure of health care providers and their insurers in the specified category of cases. The measure takes effect immediately upon becoming law.
Impact
HB2585 would modify Tennessee’s damages cap law by creating a targeted limitation on noneconomic damages in obstetric and maternity negligence cases involving the death or permanent injury of a pregnant or postpartum woman. It would not change liability standards or economic damages, but it would constrain the amount recoverable for pain and suffering and related nonpecuniary losses in these health care liability actions. The practical effect would be to reduce potential jury awards and litigation exposure for defendants in covered cases, while limiting recovery for affected plaintiffs and their families.
Sentiment
The available vote history suggests the bill was generally supported in committee and on the House floor, with strong favorable votes at the subcommittee, Judiciary Committee, and an initial floor passage. The later third-consideration vote shows more division, indicating that while the measure had substantial support, it also faced some resistance. No committee transcripts are available, so the recorded votes are the main indicator of sentiment.
Contention
The likely point of contention is the balance between limiting civil liability and preserving full compensation for families affected by severe maternal harm. Supporters appear to favor a predictable cap on noneconomic damages in a narrow class of health care cases, likely to address malpractice insurance and provider concerns. Opponents likely object to restricting recovery in cases involving death or permanent injury to pregnant or postpartum women, arguing that the cap may undervalue serious losses and reduce accountability in obstetric care. The split third-consideration vote suggests disagreement over whether this special cap is appropriate even though the bill had earlier broad support.
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 9; Title 47, Chapter 18 and Chapter 1021 of the Public Acts of 2024, relative to civil actions.