West Virginia 2022 Regular Session

West Virginia Senate Bill SB572

Introduced
2/3/22  

Caption

Excluding certain sums from compensatory damage awards for medical expenses

Impact

If enacted, SB572 will significantly affect the way damages are calculated in personal injury cases involving medical expenses. The bill outlines that the recoverable damages will be restricted to sums actually paid by or on behalf of the injured person for medical services, thus potentially reducing the financial burden on defendants and insurance providers. Moreover, it emphasizes that even future medical expenses claimed must not exceed the typical rates set by health care providers, like Medicare reimbursement rates, thus ensuring a more standardized and possibly lower set of recoverable amounts for medical treatment costs.

Summary

Senate Bill 572, introduced in the West Virginia Legislature, aims to amend the Code of West Virginia regarding compensatory damage awards for medical expenses. The bill specifically seeks to limit the amount recoverable by injured parties in lawsuits by preventing compensatory damages from including any sums that the claimant has not actually paid or will not pay for medical services or treatment. This legislative change is designed to abrogate the common law collateral source rule which traditionally allowed claimants to seek damages for the full value of medical expenses incurred, regardless of the actual amounts paid or negotiated discounts.

Sentiment

The sentiment surrounding SB572 appears to be divided among stakeholders. Proponents of the bill, particularly within the medical and insurance communities, argue that this legislation is necessary to prevent inflated damage claims that do not reflect the actual costs incurred. They believe it will encourage more predictable and fair litigation outcomes. Conversely, critics argue that this bill undermines the rights of injured parties to claim full compensation for their medical expenses and may disproportionately impact individuals who require extensive or specialized medical care, thus raising concerns about access to justice for vulnerable populations.

Contention

A notable point of contention surrounding SB572 is its abrogation of the established collateral source rule, which some view as a necessary protection for plaintiffs' rights. Opponents worry that the bill could lead to reduced compensation for injured individuals, especially in cases where negotiated rates or alternate payment agreements come into play. Additionally, the bill's implications for the legal landscape in West Virginia may provoke debates about balancing the interests of medical providers and insurers with the rights of claimants seeking justice for their injuries.

Companion Bills

No companion bills found.

Previously Filed As

WV SB726

Preventing compensatory damage awards for outstanding medical expenses

WV HB2483

Relating to preventing compensatory damage awards for medical expenses from including certain sums

WV HB2627

Relating to preventing compensatory damage awards for medical expenses from including certain sums

WV HB4691

Relating to preventing compensatory damage awards for medical expenses from including certain sums

WV SB131

Clarify compensatory damages for damaged vehicles

WV S3343

Establishes cap on recovery of compensatory damages and limits contingency fee in medical malpractice cases; permits periodic payment of damages in certain instances; restricts benevolent gesture liability.

WV SB731

Requiring adjustment of verdicts for past expenses to reflect amount incurred and paid

WV HB4550

To eliminate a specific dollar amount or a range for the jury to consider with respect to awards for noneconomic damages in civil litigation

WV HB2809

Relating to admissibility of certain evidence in a civil action for damages

WV SB293

Tort Reform, to regulate litigation financing agreements, vicarious liability of employers, proof of medical care expenses, and attorney advertising

Similar Bills

WV SB726

Preventing compensatory damage awards for outstanding medical expenses

WV SCR22

Requesting study on need for awarding attorney's fees and recovering damages in civil tort actions

WV SB7

Relating to damages for medical monitoring

WV HB4649

Transferring the operations of the West Virginia Children’s Health Insurance Program to the Bureau for Medical Services

VA HB983

Abortion; basis of genetic disorder, sex, or ethnicity prohibited, penalty.

VA SB531

Certain crimes committed while participating in a riot; civil action for damages caused.

WV SB25

Updating provisions of Medical Professional Liability Act

WV HB2762

Exempt from this article any actions arising from the practice of elective abortion or elective abortion relates services