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Rep. Jim Hackworth - House District 33
IMMEDIATE RELEASE March
15, 2007
House Committees Debate
Measures Targeting
Irresponsible Dog
Owners, Malpractice Lawsuits
NASHVILLE (Mar. 15) –
Two House of Representatives subcommittees debated a number of
far-reaching bills this week that address culpability in personal injury
cases. Five proposed laws target dog owners whose animals endanger
their communities. Another measure seeks to reduce medical malpractice
lawsuits through an innovative pilot program.
“These bills determine
when liability starts in actions that severely injure or take the lives
of innocent people. Dog owners should be held responsible when their
pets run at large and viciously attack neighbors or damage property.
Physicians should also admit their mistakes when patients under their
care are further injured or die because of complications during
treatment,” said Rep. Jim
Hackworth, D-Anderson
County.
The Civil Practice and
Procedure Subcommittee heard heart-rending testimony from Darbie
Sizemore, whose 60-year-old mother Dianna Acklen was brutally killed
last year by a pack of marauding dogs as she jogged alongside a public
highway. Acklen was fewer than two miles from her home in Franklin
County.
Sizemore pleaded with
lawmakers to pass legislation that penalized dog owners who let their
animals run freely. She reminded the subcommittee that Tennessee
has nothing on the books, except local leash laws, that hold dog owners
liable for criminal or civil charges. Dogs can be euthanized if
the animals are identified, but owners are rarely prosecuted.
“She reminded members
that 32 other states have dog-bite laws unlike Tennessee which protects
dog owners from liability on the first offense. I was shocked when
I learned that more than 7.000 Tennesseans were treated for dog bites in
2006, in addition to 188 who were hospitalized. People shouldn’t
be afraid to go outside because of loose dogs,” continued
Hackworth.
The grieving daughter
stressed that dogs don’t feel guilty or confess their deeds. She noted
that only one dog was positively identified as a culprit and euthanized.
Franklin County Sheriff
Tim Fuller also testified in favor of legislation that tightens
penalties for irresponsible dog owners. He told lawmakers that law
enforcement officers regularly encounter dogs running loose in packs.
In addition, Fuller noted that rural residents report that dog packs
often attack farm animals.
“He emphasized that dogs
only follow their instincts. They’re incapable of premeditated
murder. Instead, the real problem is dog owners who refuse to take
responsibility for their dog’s actions, and aren’t respectful of their
neighbor’s rights,” said
Hackworth.
In other business, the
Civil Practice and Procedure Subcommittee heard Doug Wojcieszak, Sorry
Works! Coalition spokesperson, explain the benefits of implementing the
coalition’s solution to Tennessee’s alleged medical malpractice crisis.
Sorry Works! is a national group that advocates a formal apology program
for medical errors.
“This program is the
middle-ground solution to tort reform that doctors, lawyers and insurers
can embrace. Apologizing and explaining medical errors are proven
to reduce lawsuits and liability costs by providing swift justice to
victims and reducing repeat errors. It is basically a full
disclosure program for bad outcomes and deaths,” said
Hackworth.
Wojcieszak told
lawmakers that when an error occurs, the doctor and hospital quickly
notify the family and their attorney, provide an apology and make a fair
offer of compensation. He added that 98,000 deaths from
preventable medical errors are recorded annually.
In one university
hospital system that adopted the Sorry Works! program, the number of
lawsuits was reduced by half. As a result, the hospital reinstated
$52 million for patient safety and other initiatives, according to
Wojcieszak.
“When someone gets hurt,
what then? By communicating, apologizing and offering
compensation, the anger that leads to medical malpractice lawsuits is
eliminated. Anger, not greed, drives most lawsuits. Presently,
doctors and insurers stop communicating with defendants after bad
outcomes. Defendants just want answers,” said
Hackworth.
The bill before state
legislators creates a Sorry Works! pilot program. Two hospitals
and two nursing homes would voluntarily participate. The
measure calls for representatives from the state government and state
medical and legal associations to implement individual programs for the
providers.
In turn, providers must
keep records of projected annual savings and patient incidents, plus
records of medical malpractice litigation and settlements from the
previous five years as benchmarks.
“This program also gives
apology immunity to doctors and insurers, so any disclosures of mistakes
can’t be used in court. But defendants may still exercise their
right to sue for suspected malpractice if the program fails to provide
justice,” concluded Hackworth.
CONTACT:
Kenneth Townsend, Press Secretary, House Democratic Caucus, at
615-741-6620 or email
kenneth.townsend@legislature.state.tn.us
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