Medical malpractice; limitations on recovery, certain actions.
Summary
SB493 proposes amendments to the existing medical malpractice laws in Virginia, particularly ยง8.01-581.15 of the Code of Virginia. The legislation focuses on modifying the limitations on recovery amounts for patients who have suffered injuries or death due to malpractice. It sets a structured increase in the maximum compensatory amounts over a series of years up to 2031, tying these amounts to specific annual increments intended to reflect inflation and compensation equity.
Under the new guidelines, the maximum recoverable amounts would start at $2.5 million for incidents occurring after July 1, 2021, with incremental increases leading up to $3 million by 2031. This change aims to ensure that patients receive fair compensation that aligns with the economic landscape and cost of living adjustments. Notably, any malpractice actions involving patients aged 10 and under are exempt from these recovery limits, seeking to protect vulnerable populations more robustly.
The bill has sparked significant debate regarding its implications for both patients and healthcare providers. Proponents argue that capping damages is essential to control healthcare costs and prevent exorbitant malpractice insurance premiums that subsequently affect healthcare service delivery. Conversely, opponents express concerns that the limits on recovery undermine patient rights and the ability to claim fair compensation for serious medical errors.
During its review, SB493 faced significant opposition and was ultimately defeated in the Finance and Appropriations committee with a vote of 6 in favor and 9 against. This outcome reflects the contentious nature of malpractice reform in Virginia, suggesting that many stakeholders remain divided on how to balance the interests of the healthcare system with the rights of patients seeking justice.
"Medical Philanthropy Act"; provides physicians who provide uncompensated care with $250,000 cap on noneconomic damages in actions alleging medical malpractice.