Virginia Governor Vetoes Medical Malpractice Cap Legislation

Governor Bob McDonnell recently vetoed a legislative bill that would increase the statutory cap on medical malpractice claims. Currently, the statutory limit on any given medical malpractice claim is  $2 million. House Bill 1459 would have increased that limit by $50,000 each year until 2032.

The legislation had been negotiated fervently by representatives of the Medical Society of Virginia, Virginia Hospital and Heathcare Association and the Virginia Trial Lawyers Association along with Virginia legislators. The bill was passed by the Virginia legislature on February 20, 2011 and sent to Governor McDonnell for final approval. Proponents of the bill believed that it would help to stabilize the medical litigation climate in the Commonwealth, thereby lower overall costs and enticing qualified medical practitioners to keep or move their practices to Virginia.

Governor McDonnell released a statement providing his reasons for vetoing the legislation. He stated, “Virginia currently has a climate that has effectively stabilized malpractice premiums and attracted health care service providers to the Commonwealth.” He also felt that increasing the statutory cap at a time when the national heath care law is in pending litigation would not be the best course of action at this time.