Medical Society of Virginia Officers

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Medical Society of Virginia Officers

President
Daniel Carey, MD
Lynchburg

President Elect
Cynthia Romero, MD
Virginia Beach

Immediate Former President
Thomas W. Eppes Jr., MD
Forest

Vice President
Russell C. Libby, MD
Fairfax

Speaker of the House
Hugh M. Bryan III, MD
Gloucester

Vice Speaker
William C. Reha, MD, MBA
Woodbridge

Secretary - Treasurer
Edward G. Koch, MD
McLean

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Comments: 1

I wanted to share this with you, it is a letter I sent to the members of Congress for the State of Virginia. I hope it will help in the understanding, discussion, and finding solutions for Tort Reform -------------------------------------------------- The problem with passing National Tort Reform, besides the obvious difficulties of the politics, has been the logistics of forming one Law that would work for each State. The difficulty is because each State has various laws, court rulings, and court procedures which to date, makes National Tort Reform difficult to even conceive that would not be overly cumbersome to cover all States Tort Systems. However, I offer one relatively simple Law with two provisions that could be passed by Congress and provide meaningful Tort Reform across all States and should be Constitutional The Law would read something like: 1) Unless such act, decision, or omission resulted from such health professional's bad faith or malicious intent, any health professional, as defined in this subsection, who is engaged in Interstate Commerce shall be immune from civil liability for any amount over one million dollars for any act, decision, or omission resulting from his duties as a health professional. (NOTE: Using the legal term of art of "Limited Immunity" would get past the legal hurdles of various state laws and rulings that have ruled limits to damages as Unconstitutional. This is because Courts do recognize the Legislative Power to grant immunity or limited immunity to limit damages. The actual amount for the Limited Immunity, or the scope of the Limited Immunity is subject to changes by Congress) 2) Any Defendant or Plaintiff has the option to invoke Federal Rules of Civil Procedure and Federal Rules of Evidence to litigate their case in any State Court on the subject of Medical Malpractice (NOTE: This would be helpful for some Doctors in some states like Virginia, to be able to clai

National Tort Reform at 3/9/2010 10:48:45 PM

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