Tort and Insurance Law Section

This section provides a venue for attorneys to share views and to develop relationships with colleagues in this area of practice. The section offers CLE on issues impacting both tort and insurance law and sends out case updates to its members.

White & Rhodes, PC
750 Old Hickory Blvd, Suite 2-230
Brentwood, TN 37027
Immediate Past Chair
Henry D. Fincher, Attorney at Law
305 E. Spring Street
Cookeville, TN 38501
Parke Morris & Associates
25 Dr. M.L. King, Jr, Ave # 208
Memphis, TN 38103

Legislation Would End All Medical Malpractice Suits

The Georgia-based nonprofit advocacy group Patients for Fair Compensation again this year plans to seek legislation that would ban all malpractice suits in the state, the Nashville Post reports. The group’s proposal will be introduced by Sen. Jack Johnson and Rep. Glen Casada, both Republicans from Franklin. The proposed plan would create a patients’ compensation system funded by annual fees charged to doctors. Instead of filing a lawsuit, an aggrieved patient would apply for compensation to an administrative law judge who would assess the claim. The bill, which surfaced last year for the first time, is opposed by a number of legislators and the Tennessee Medical Association.

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Jury: TennCare Provider Violated Dental Company’s Rights

A Nashville jury has unanimously found that DentaQuest, the insurance company administering TennCare’s dental program, violated the First Amendment rights of Snodgrass-King Pediatric Dental Associates when it excluded the company from the state Medicaid network. Lawyers for Snodgrass-King argued that the company was discriminated against based on a speech delivered by one of its dentists, who had been critical of DentaQuest’s administration of the program. The jury awarded Snodgrass-King $7.4 million in compensatory damages and $14.8 million in punitive damages. DentaQuest said it would seek further legal review of the jury’s decision. The Nashville Post has more on the case.

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