Virginia Legislation Could Stabilize the Statutory Cap On Medical Malpractice Awards

The Virginia Legislature passed House Bill 1459 in February, which provides for gradual increases in the statutory cap on medical malpractice awards. The bill, which was introduced by Virginia Delegate Chris Peace, was heavily negotiated between the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, and the Virginia Trial Lawyers Association.

House Bill 1459 essentially provides for an increase in the statutory cap, which is the maximum amount that a plaintiff may be awarded in a medical malpractice case, of $50,000 each year beginning in 2012 and ending in 2032. The current statutory cap on medical malpractice claims in Virginia is $2 million.

Proponents of the legislation claim that the bill will help to stabilize the legal liability climate in Virginia, which would provide an incentive for doctors and other medical professionals to relocate or stay in Virginia. Proponents also believe that offering predictable statutory cap increases, as opposed to unknown increases, will help to lower the costs associated with medical malpractice insurance premiums, a topic that is of major concern to health care professionals throughout the country. As of March 17, 2011, Governor Bob McDonnell has yet to sign the approved bill into law. The Governor has until March 29th to sign, veto or amend the bill.