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HB 2585

Damages - As introduced, states that the amount of damages awarded as noneconomic damages must not exceed $1 million in a health care liability action arising from obstetric or maternity negligence resulting in the death or permanent injury of a pregnant or postpartum woman. - Amends TCA Section 29-39-102.

114th Regular Session (2025-2026) Introduced by Jesse Chism

Tennessee bill caps noneconomic damages at $1 million in obstetric malpractice cases involving death or permanent injury to pregnant or postpartum women.

H. adopted am. (Amendment 1 - HA1145)
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Bill Summary · HB 2585

Legislative bill overview

HB 2585 would cap noneconomic damages at $1 million in medical malpractice lawsuits involving obstetric or maternity negligence that results in death or permanent injury to pregnant or postpartum women. The bill amends Tennessee's existing health care liability damage statute to create this specific ceiling for this category of cases.

Why is this important

Damage caps directly affect how much compensation injured patients or their families can recover beyond quantifiable losses like medical bills and lost wages. This particularly impacts maternal mortality and morbidity cases—areas where Tennessee has experienced higher-than-average complications—by limiting what juries can award for pain, suffering, and life quality loss.

Potential points of contention

  • Access to justice concern: Capping noneconomic damages may discourage attorneys from taking obstetric malpractice cases on contingency, since lower potential awards reduce their compensation and ability to cover litigation costs
  • Medical cost disparity: $1 million may not adequately compensate permanent injuries requiring lifelong care (disability, organ damage, chronic conditions), particularly when combined with economic damage limits that may already exist
  • Narrow vs. broad scope: The bill specifically targets obstetric cases while other medical specialties with similar injury severity have no comparable caps, raising questions about whether this disparately impacts pregnant/postpartum women's legal rights

Compiled from official sources — confirm details with the bill’s official record.

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