Va. lawmakers vote to raise medical malpractice awards
The General Assembly has agreed to raise awards in medical malpractice lawsuits $50,000 each year starting in 2012.
The bill calls for an increase from $2 million starting in 2012 and then $50,000 each year until 2031.
Del. David Albo (R-Fairfax) said he and Sen. Henry Marsh (D-Richmond), both attorneys, helped trial attorneys and doctors negotiate a deal before the session began by telling them that if they didn't work out a compromise, legislators would do it for them.
In the 1970s, the General Assembly capped awards in medical malpractice lawsuits at $750,000. The cap was gradually increased and capped at $2 million in 2008.
Legislators have debated for years whether to increase the amount. Some Democrats have favored an increase, but Republicans have rejected the proposals in the name of tort reform.
The bill now heads to Gov. Bob McDonnell (R) for his signature. A spokesman for McDonnell said he will review the legislation.
McDonnell, a lawyer, favored some increases when he was a legislator, but did criticize his Democratic gubernatorial opponent Creigh Deeds for supporting a 1999 bill that would have raised Virginia's cap on medical malpractice settlements from $1 million to $3 million.
By
Anita Kumar
| February 24, 2011; 6:00 PM ET
Categories:
Anita Kumar, General Assembly 2011, House of Delegates, State Senate
Save & Share:
Previous: Legislature passes police pursuit rules inspired by Fairfax case
Next: Virginia lawmakers create Progressive Caucus
How has the economy complicated the medmal claim reserving process for self-insured hospitals? A primer for CFOs http://www.healthcaretownhall.com/?p=3470
Posted by: JEngdahlJ | February 26, 2011 7:38 PM | Report abuse
JEngdahl, I don't have statistics for you but a large percentage of the claims come from low income individuals. As the economy suffers more, the low income jobs are the first to go. However we are also going through a very soft market, meaning there are very few claims in the market. So, hospitals, especially self insured hospitals have a tendency to reserve less as they see their claims declining. The hard market will come back though and when it does it could threaten the amount of surplus that the companies have reserved. It is unusual to go through a soft market when the economy is weak. http://www.equotemd.com/blog
Razia
Posted by: raziagupta | February 27, 2011 7:38 PM | Report abuse
We encourage users to analyze, comment on and even challenge washingtonpost.com's articles, blogs, reviews and multimedia features.
User reviews and comments that include profanity or personal attacks or other inappropriate comments or material will be removed from the site. Additionally, entries that are unsigned or contain "signatures" by someone other than the actual author will be removed. Finally, we will take steps to block users who violate any of our posting standards, terms of use or privacy policies or any other policies governing this site. Please review the full rules governing commentaries and discussions.