The Tennessee Medical Association (TMA) submitted an amicus brief to the Tennessee Court of Appeals in the case of Allyson Phillips (Plaintiff) v. the State of Tennessee (Defendant) in support of the Plaintiff physicians’ position. TMA argues that the law inhibits Tennessee physicians from being able to timely offer pregnancy/miscarriage care that is within the standard of care for pregnant Tennesseans with high-risk or complicated pregnancies because it has a vague and confusing exception that fails to protect physicians.   

Further arguments state that subjecting Tennessee physicians to liability under the state’s criminal abortion law creates issues with physicians’ ethical obligations to patients. TMA emphasizes that attention given by the association focuses on medically necessary abortion care.  

TMA submitted the brief on Oct. 7. The association continues to fight for physicians’ rights to practice medicine in the courts and well as during legislative sessions, working to defeat bills that could harm physicians and patients.

Read the full amicus brief here. For questions, reach out to legal@tnmed.org.

The Tennessee Medical Association is a nonprofit professional organization for Tennessee physicians. TMA represents more than 10,000 Tennessee physicians and physicians-in-training. The organization advocates for public policies, laws and rules that promote healthcare safety and quality for all Tennesseans and improve the nonclinical aspects of practicing medicine. Learn more at tnmed.org. 

Special Statement from the TMA Board of Trustees:

Since our announcement that TMA filed an amicus Brief to the court in the case of Phillips v. State of Tennessee, we have received inquiries as to why TMA took this action. 

This legal case petitions the courts for more legal clarity to protect physicians who provide critical, evidence-based care to pregnant patients in potentially life-threatening medical situations. 

Our intent in filing this brief is to protect physicians’ medical judgement while they are providing care to pregnant patients experiencing complications without the fear of criminal prosecution after the fact when the condition was ultimately life-threatening or potential damaging to the health of the mother. 

We exhausted legislative remedies over the last several years, and this case provides a pathway to protect medical decision making of physicians and help patients by allowing physicians to provide timely, life-saving care to pregnant mothers. 

There have been comments made about some of the signatories to the brief and the entities they represent or have represented. TMA’s participation in this endeavor in no way links us to or creates any standing relationship with any third parties outside of this case.