AN ACT to amend Tennessee Code Annotated, Section 29-39-102, relative to civil damage awards.
Summary
SB2621 amends Tennessee’s civil damages law to create a specific cap on noneconomic damages in certain health care liability cases. In actions arising from obstetric or maternity negligence that result in the death or permanent injury of a pregnant or postpartum woman, the bill limits noneconomic damages to $1 million, notwithstanding the general damages provisions in Tennessee Code Annotated section 29-39-102.
The bill is narrowly targeted to medical malpractice claims involving pregnancy, childbirth, and postpartum care. It does not change the availability of economic damages, but it does place a ceiling on pain-and-suffering-type awards in the covered cases. The measure takes effect immediately upon becoming law because the public welfare is declared to require it.
Impact
SB2621 would add a new subsection to Tennessee Code Annotated section 29-39-102, creating an exception to the state’s general noneconomic damages framework for a defined category of health care liability actions. It would affect plaintiffs, health care providers, insurers, and courts handling obstetric or maternity negligence claims involving the death or permanent injury of a pregnant or postpartum woman, by limiting recoverable noneconomic damages to $1 million in those cases.
Sentiment
The available voting history suggests the bill had meaningful support in committee, passing the Senate Judiciary Committee 8-1 and being recommended for passage. With no transcript excerpts available, the record indicates a generally favorable committee posture toward the bill, though the lone dissent suggests at least some concern about the policy choice to cap damages in these sensitive medical negligence cases.
Contention
The main point of contention is the bill’s creation of a special damages cap for obstetric and maternity negligence claims, which may be viewed as balancing liability exposure for providers against compensation for families affected by severe injury or death. Supporters likely see it as a targeted limit on litigation costs and malpractice exposure, while opponents may argue it restricts recovery in cases involving serious harm to pregnant or postpartum women. The 8-1 committee vote shows broad support but not unanimity.
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.