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SB 2621

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 London Lamar

Tennessee bill caps noneconomic damages at $1 million for obstetric malpractice cases involving maternal death or permanent injury.

Companion House Bill substituted
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WeVote Research Nonpartisan
Bill Summary · SB 2621

Legislative bill overview

SB 2621 caps noneconomic damages at $1 million in medical malpractice lawsuits involving obstetric or maternity negligence that result in a pregnant or postpartum woman's death or permanent injury. This amendment modifies Tennessee's existing health care liability damage statutes to create a specific ceiling for this category of cases.

Why is this important

Damage caps directly affect how much compensation victims can receive for pain, suffering, and non-monetary losses when healthcare providers commit negligence during pregnancy or postpartum care. This impacts both the financial incentives for medical providers and the remedies available to families harmed by obstetric malpractice, at a time when maternal mortality and injury rates are rising nationally.

Potential points of contention

  • Sufficiency of caps: Critics argue $1 million may be inadequate compensation for permanent disability or death of a young woman with decades of lost income and quality of life, while supporters contend caps reduce frivolous litigation and healthcare costs
  • Market impact: Damage caps may reduce malpractice insurance costs for obstetric providers, potentially encouraging more doctors to offer maternity services in underserved areas, but could also reduce accountability incentives for negligent providers
  • Disparate effect: Lower-income women may be disproportionately affected since noneconomic damages become the primary recovery when economic damages (lost wages, medical costs) are modest

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

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